Terms, Conditions, & Disclaimers
www.tradeonthefly.com (“website”) is an information and educational website owned and operated by TradeontheFly, LLC where it (also “we”) provides live and written content concerning various aspects of day trading to educate and inform its (also “our”) members.
We create online material, such as our Courses, which we sell on the website which is educational and informative as is our use of on line reporting sites.
In order to become a member of www.tradeonthefly.com, you are required to register with a valid email address and pay the appropriate subscription fee and may be required to update the following information which you provided to us such as your first and last name, phone number, street address, city, state, zip code, country or origin and in some circumstances, your date of birth. This is because our website is intended for use only by persons residing in the United States and is not intended for persons under the age of 18.
We, including our traders, moderators, volunteers, members, agents, independent contractors, employees, representatives, (also collectively “us”), are not licensed financial advisors, are not registered brokers and are not registered dealers; and we DO NOT provide investment or financial advice or make investment recommendations; nor are any of us in the business of transacting trades nor will any of us agree to direct your commodity accounts or give trading advice to you in any situation, nor does any service we provide constitutes a solicitation, recommendation, promotion or endorsement of any particular security, other investment product, transaction or investment. We base our moderator’s claims on their self-reported figures, which we do not verify, and we select our moderators based upon our membership feedback.
When you use our website or interact with us in any way, you acknowledge and agree that you assume all risk of any and all trades you place in the stock market; and you agree at all times to indemnify, defend and hold us and any of our Affiliates, if any and/or as described herein, harmless from and against any and all claims, actions, demands, suits, losses and costs [including attorney(s)’ fee(s)] resulting from trades you place in the market.
TERMS & CONDITIONS
By accessing, browsing, or using our website, and each time you so do, you acknowledge that you have read, understood, and agree to be bound by this agreement in its entirety.
If you do not wish to agree to the terms and conditions of this website, do not use our site; accessing our website or using our service in any manner whatsoever, automated or otherwise, constitutes a use of this website and your agreement to be bound by this agreement.
We may offer one or more membership subscription programs (also “membership” or “subscription”) on our website. The pricing for any such membership will be clearly stated on the applicable order form.
To become a member of our website we ask that you provide your email address and to provide certain personally identifiable information including your first and last name address, phone number and your date of birth, and we will assign to you a membership number or other identifier.
If we have any reason to believe that such information you provide to us is untrue in accurate or incomplete, we have the right in our sole determination suspend or terminate your membership and refused any and all current or future use of our website or any portion thereof by you; we have the right to do this without notice to you.
We reserve the right to reject or terminate the use of any username that we deem, in our sole discretion, as offensive or inappropriate.
You agree that in our sole discretion, we may suspend or terminate your access to our website, your password and other identification number or any part thereof, or to use our website or any part of it and to remove and dispose of any materials that you submit to our website and any time, for any reasons and without notice. You agree that we will not be responsible to you or any third party for any suspension or termination of your password or identification numbers, membership numbers, user name, use of the website or any removal or any materials/content that you have submitted to our website. In the even that we suspend or terminate your access to and/or use of our website, you will still be bound by this agreement as it was in effect as of the date of your suspension or termination.
When you provide us with your email address you are consenting to our use of the same to send you required notices related to our services which may include, amongst other things, notices required by law instead of using the United States Postal Service; you may not opt out of service notices required by law. We also may send you other messages including content information, membership features or offers regarding our online material and other information about us by email address or to your mobile telephone number if you use a mobile device.
You may opt-out emails and text messaging, unless required by law, by sending us an email to: firstname.lastname@example.org
By becoming a member, you agree to pay us a fee that will be charged to you in any of the following manners, plus applicable taxes: 1) quarterly or 2) annual.
YOUR MEMBERSHIP WILL AUTOMATICALLY RENEW AND WE WILL
AUTOMATICALLY BILL YOU FOR THE RENEWAL UNLESS YOU CANCEL YOUR SUBSCRIPTION. WE WILL BILL YOU FOR RENEWALS USING THE
PAYMENT OPTION YOU SELECTED AND AUTHORIZED AT THE TIME OF
YOUR INITIAL SUBSCRIPTION PURCHASE; SEE DETAILS ON CANCELLATION BELOW.
If your payment method, i.e. credit or debit card, is declined for any reason, we shall have the right to terminate or suspend your access to our website and its services; we rely on our 3rd party processors to notify you when your payment method has been declined.
The full price of our membership or online material is charged IN FULL upon purchase.
We reserve the right to change or add to the terms of this agreement from time to time and will post the same on the website; all changes or additions will then be effective immediately and you are expected to apprise yourself of any such changes or additions and if you do not agree with the same, you are to discontinue the use of our website.
We do not offer refunds on products purchased, such as when you purchase what we term a DVD, you will receive a streaming version – no physical product will be shipped.
Since members immediately benefit from the knowledge of the statistics, analytics or from the moderators on our website, we do not give refunds. You should recognize that investing and trading is a marathon, not a sprint, so every last piece of information we provide can help you learn along the way and give you “an edge” over your competitors.
We retain the right, by our sole determination, to terminate the use of any username or password or to deny access to our website content or any features of our site to anyone who violates these terms and conditions or interfere with the ability of others to enjoy our website or infringes on the rights of others.
We also have the right, at any time, to discontinue or change any aspect, feature of our website, including but not limited to any product or service, content, hours of availability, any kind of offer, mobile application, merchandise, quote data or equipment need for use or access to our site. We may, in our sole discretion, change or eliminate any transmission method of our content, change transmission speed or other technical aspects or characteristic of our website. You agree that we will not be liable to you or to any third party for any modification, suspension or discontinuance of the website or any portion of it.
Payment and Credit Card Authorization
We will charge fees you authorize to the credit card provided by you at the time of your order.
Currently, we use “FIRST DATA” for processing financial transactions; there is no fee to the user (it is your responsibility to be aware of the risk of international FOREX conversions). When you make a transaction using FIRST DATA, you will be able to do so by clicking on a link from the Site which will re-direct you to the its website. You should read their privacy and/or other posted policies to learn what information FIRST DATA may collect and how they use and/or share the information before making use of that site. Any financial information you provide to FIRST DATA is not shared with us and never stored on our servers.
Certain content, products, and services available on our website may include materials from third parties and we may provide links and/or pointers to such as a convenience to you. Our linking or pointing does not imply an endorsement or sponsorship of any such site, or its information, products or services offered on them or through them. We do not control or operated in any respect any information, product or service that such third parties may provide on our website or websites linked or pointed by us on our website; we are not responsible for the content, accuracy or opinion expressed in such sites and we do not investigate, monitor or check for accuracy, reliability or completeness by such third party websites; unless we have given you written approval, you may not provide a hyperlink or point to our website and we may revoke any consent we gave concerning the same at any time.
You represent that you are of legal age to enter into a binding contract with us; you must be at least 18 years old.
No one under the age of 18 may use this site; if you are under the age of 18, you are not permitted to access this website for any reason; due to the age restriction for use of our website, no information obtained by our website falls within the Children’s Online Privacy Protection Act (COPPA) and is not monitored as so doing.
We are owned and operated within the United States. This website is intended for use only by persons residing within the United States; if you access this website from any location other than the United States, you are fully responsible for compliance with the laws of the jurisdiction from which you access. We do not make any representation that our website or the content available on it that it is appropriate or permitted for use outside the United States and you may not use it from without the United State where access and/or use of this website is prohibited or violates any non-U.S. laws.
You are responsible for protecting the confidentiality of any subscription identification, numbers, codes, user name, log in data, passwords or credit identification numbers or codes that we give you in connection with your use of our website.
You agreed to notify us immediately of any unauthorized use of subscription identification numbers codes and passwords or credit information numbers or any other breach of security by emailing us at email@example.com at any time. We will not be responsible or liable for any losses you incur from the unauthorized use of your membership identification number, codes, user name, log in data, passwords or credit identification numbers or codes; you agreed to and to defend indemnify and hold us harmless from any unauthorized or illegal uses of such information.
From time to time we may monitor and/or recall record telephone calls between you and us to ensure the quality of our customer service or as required by applicable law.
You acknowledge and will acknowledge that although the Internet can be an insecure environment with interruptions in service or events may occur that are beyond our control and we will not be responsible for any data lost while transmitting information on the Internet.
In order to view our content, it requires compatible devices, internet access and certain software that may require payment of a fee and periodic updates, all of which may affect viewing. We strongly recommend high speed internet access to access our website and it is required for video viewing, together with the latest software version; you agree that meeting these requirements, which can change, are your responsibility.
You agree to remain responsible for obtaining and maintaining all internet connections, computer hardware and other equipment needed for access to, and use of, our website and all charges related thereto whether you access the website through broadband, wi-fi, wireless or any other type of connection. You should check with your phone company, wireless carrier or other communications service provider to determine what charges will apply. You are responsible for all costs of access and shall remain responsible for all costs to maintain, repairing and operation of your equipment; we are not and shall not be liable for any damage to your equipment from the use of our website.
RISK OF LOSS
Trade Ledgers are for educational purposes, we may or may not be in any of the trades. When you interact in any manner with any or our volunteer moderators, including in any of our chat rooms, educational and/or informational topics may be discussed concerning the stock market, its technical analysis or trading techniques, trading strategies to minimize risk and enhance profits, to educate and inform the honing of your skills and confidence to begin to manage your own investments; trades represent the opinions solely of such trader who made the trade and any such opinion may have been expressed by them previously; trades do not reflect our opinion nor that of our affiliates, agents, representatives, members, employees and the like; and none of us guarantees any particular result(s) or profit(s) from the trades. Past performance is not indicative of future returns and you should not assume you will be profitable given the industry’s high failure rate. There is a learning curve to understanding the stock market and while we work to assist you in the learning curve, you must understand it’s more likely you will go through a period of failing until you either begin to trade more consistently or drop out. You must understand part of the learning curve is that before any trade you need to be educated and have a trading plan including a risk and stop in mind to prevent serious loss. Despite having a stop loss or plan there is no guarantee against any prevention of loss. Trust no one in the chat room or the Internet and if you are contacted via private message or email from any other members you should immediately alert a moderator.
TradeontheFly, LLC or its Affiliates (as defined herein) may, at times, hold positions or interests in securities mentioned in the website or positions inconsistent with views from User Submissions, other affiliates, or other third parties and may trade for their own account(s) based on information presented at any time (e.g. into a spike, upon a sharp decline, etc.) and consistent with such party’s own trading plan.
Current Users and prospective users of our website should not assume they can replicate any trades reflected on the website or at the future performance of any specific investment, investment strategy (including the investments and/or investment strategies recommended and/or purchased by any of us, or product referenced directly or indirectly on this website, will be profitable or equal to corresponding past performance levels.
- Investing in any investments, including those discussed in the website, is often very risky and speculative.
- There is no guarantee for success of any kind. Trading in such securities can result in immediate and substantial losses of the capital invested despite a personal trading plan.
There is a risk of loss, which may be substantial, in trading securities, options, futures and FOREX, and it requires that you consider all relevant risk factors which includes your own financial situation, before placing any trade; Options involve a risk that is not suitable for all investors. Further, trades may not be suitable for you and do not take into consideration your particular financial situation or your investment objectives; none of the trades are being recommended to you because they are for educational and/or information purposes; before engaging in any trading from information obtained from us, you should first determine if it is suitable for or will adversely affect you overall financial condition, portfolio or the level of risk you are comfortable with or that is involved; you may want to consult a licensed professional or your financial advisor prior to making any trades.
We, nor our spokesperson(s), member(s), director(s), employee(s), contractor(s), moderator(s), or any other representative(s) or agent(s), in any way or manner recommends or endorses any company, product, investment or opportunity.
FURTHER, YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, TRADEONTHEFLY, LLC, ANY OF ITS AFFILIATES, OR ITS RESPECTIVE SUCCESSORS AND ASSIGNS, OR ANY OF ITS RESPECTIVE OFFICER(S), DIRECTOR(S), MEMBER(S), EMPLOYEE(S), INDEPENDENT CONTRACTOR(S), AGENT(S), REPRESENTATIVE(S), LICENSOR(S), OPERATIONAL SERVICE PROVIDER(S), ADVERTISER(S) OR SUPPLIER(S), AND THE LIKE, SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE, OF ANY KIND, DIRECT OR INDIRECT, IN CONNECTION WITH, OR ARISING FROM, USE OF EDUCATIONAL OR INFORMATIONAL SERVICES PROVIDED AS PART OF ITS PRODUCTS AND SERVICES, INCLUDING, BUT NOT LIMITED TO, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES.
You agree that our website, including its services and products, include security technology, which is an inseparable of the same, that limits your use of our content and you will use our website, its services and content with the applicable rules we establish, set forth below, and that any other use constitutes a copyright infringement.
You agree to not violate, circumvent, reverse-engineer, decompile, disassemble or otherwise tamper, including hacking, with our website or any of its security technology for any reason or to attempt to assist or assist another person with the same or to access or attempt to access a LOGIN which you are not authorized to access. You agree to only access our website and content only through www.tradeonthefly.com.
- You are only authorized to use our website, its services, content and products, such as our online material, for personal, noncommercial or promotional use;
- You will be able to access the same on any computer, device, mobile device that permits you to successfully enter your LOGIN and verify your membership status;
- You shall not be entitled to burn or record any of our content, video or online material, nor screen shot, screen capture the same, nor replicate or reproduce the same in any manner whatsoever.
Your use of our website and/or the sites that are hyperlinked to it must comply with this agreement and limited to lawful, non-commercial activities. You cannot access or use our website or otherwise engage in conduct or activities that violates or infringes in any manner whatsoever upon the rights of others that is threatening, harassing, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable or unlawful. You may not use someone else’s image or personal information without such person’s express authorization and you may not impersonal any party related to us or any third party on our website. You may not access or use this website in a manner that constitutes a criminal offense or encourages such conduct, that give rise to civil liability or otherwise violates any law, rule or regulation or that encourages such conduct. You may not use our website to solicit products or services.
You cannot use any unauthorized means to access our website, including, at our sole discretion, you may not access our website with any automated system or method, including but not limited to “robots”, “spiders” or “offline readers’. You may not introduce or attempt to introduce viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any equipment, including telecommunications equipment. You cannot attempt to gain unauthorized access to our computer network or our registration/membership, or our registrant/membership information. You cannot engage in conduct designed to damage, disable, overburden or impair our systems, and are prohibited from engaging in any conduct with respect to our website, that we in our sole discretion, believe restricts or inhibit any other person or entity from using or enjoying our website and/or any of the sites hyperlinked to this website.
- “Frame” or “mirror” any part of the website without our prior written authorization;
- Use any robot, spider, site search/retrieval application, or other manual or automatic device or process to download, retrieve, index, “data mine”, “scrape”, “harvest” or in any way reproduce or circumvent the navigational structure or presentation of the website or its contents;
- Harvest or collect information about visitors to the website without their express consent;
- Send unsolicited or unauthorized advertisements, spam, chain letters, etc. to other users of the website;
- Threaten any of our users in any way;
- Incite hatred or promote materials that violate our users’ civil rights;
- Include profanity, vulgarity, or pornography;
- Publish any other user’s personally identifiable information (e.g. credit card numbers, social security numbers, driver’s license);
- Express or imply that any statements you make are endorsed by us, without our prior written consent;
- Share Content available through your paid subscription or service.
In order to access some of the services of the website, you will have to purchase a membership and create an account. By creating this account, you agree to:
- Maintain a single account;
- Provide accurate and complete information;
- Never share your account user name or password or knowingly provide or authorize access to your account (including without limitation any subscription or other service offerings made available by TradeontheFly, LLC);
- Never use another user’s account without permission;
- Be solely responsible for the activity that occurs on your account, and you must keep your account password secure; and
- Notify us immediately of any breach of security or unauthorized use of your account.
- Moderating decisions are subjective, and we strive to make them carefully and consistently. Due to the volume of content, we may not review moderation decisions with users.
You also cannot establish a hypertext link or inline link to our website or any of its content if such link could result in the use of our website in a manner prohibited by agreement. Further, without our prior written permission, you cannot frame or imbed any of the content/material of our website or incorporated into another website or other service, any of our material/content or intellectual property.
These provisions apply to and are for our benefit and those of our parent (if any), affiliates and our licensors.
Our work and content is copyright, TRADEMARK, service mark and trade dress (including the look and feel of our website) protected and are trade secrets and other various laws including those concerning prohibition on any competition that violates this agreement. YOU AGREE THAT WE ARE ONLY LIABLE TO YOU FOR THE MINIMUM AMOUNT OF DAMAGES THAT THE LAW RESTRICTS OUR LIABILITY TO, IF SUCH A MINIMUM EXISTS. We reserve all rights and own and retain all rights in our content. We grant you a limited, revocable, non-sub-licensable license to access and display the information conveyed to you by us through our website, and products including our online material for your personal and non-commercial use.
You must give us appropriate credit by displaying a visible link back to tradeonthefly.com by explicitly referencing our website as the original source of the content and materials; logos within the videos and visuals must remain untouched and unedited.
Bloggers, news/information websites and nonprofits may make investrounderground.com available under an appropriate, non-commercial license-please email us for further details.
You cannot alter any of our content, materials, services or products in any manner-such as editing, remixing, cutting, shortening, transforming or building.
Reproduction, adaption, distribution, public display, exhibition for profit or storage in any electronic storage media in whole or in part of any of the information disclosed to you by us is strictly prohibited by law; but from time to time, you may download and/or print one copy of our individual website pages for your personal, non-commercial use and you must retain all copyright and other proprietary notices on such materials, and you do not acquire any ownership rights to them. You agree, and acknowledge, that you are solely responsible for any damage(s) resulting from any infringement of copyrights, trademarks, proprietary rights or any other liability resulting from your improper use of our website.
You acknowledge that by using our website you may find material that you may deem offensive, indecent or objectionable and such content may or may not be identified as having explicit material; nevertheless, you agree to use this website at your own risk and we shall have no liability to you for material that may be found offensive, indecent or objectionable. Our content and all material produced by us provided on or by our website, email or any other type of distribution channel is provided for convenience and you agree that we do not guarantee complete accuracy.
Our website and all its contents and products offered for sale are the property of TradeontheFly, LLC and/or our affiliates or licensors, and are protected by copyright, trademark, service mark, international treaties and other intellectual property laws.
tradeonthefly.com and its design logo(s) are our trademarks/service marks; we expressly reserve all rights in respect to the same; unless otherwise indicated, all such marks appearing on the website are either ours or the property of third parties and you are not granted any rights with respect to the same.
Our website is only provided to you for your personal, noncommercial use and we grant to you a personal, nontransferable, limited, revocable license to use our website subject to these term and conditions, and you are not permitted to transfer such license to any other person or entity, and unless explicitly authorized in this agreement or by the owner of the materials, you may not modify, copy, reproduce, republic, upload, post, transmit, translate, profit, sell, transfer, sublease, broadcast, publicly perform or display, create derivative works, exploit or distribute in any manner or medium, including by email or any other electronic means, any material from our website without our written consent.
ANY COPYING, DISTRIBUTING, TRANSMITTING, POSTING OR ANY MODIFYING OF OUR WEBSITE OR ANY OF THE WEBSITES HYPERLINKED TO THIS SITE WITHOUT OUR EXPRESS WRITTEN PERMISSION IS STRICTLY PROHIBITED.
FURTHER, you may not copy, distribute, transmit, post or otherwise modify this website, or copy, distribute, transmit, post or otherwise modify any part of our website into any readable form or format, or any of the sites hyperlinked to our website, without our express written permission.
NOTICE OF INFRINGEMENT OF RIGHTS
If you are an owner of intellectual property who believes your material/content has been reproduced, posted or distributed on our website in a manner that is in violation of your rights, please inform by email to: firstname.lastname@example.org [please note that this contact information is only to report alleged infringement of intellectual property rights as provided for herein] Please include the following information in your notice: detailed description of the alleged infringement, description of the location on our website of the alleged infringement, your contact information which will include your name, address, valid telephone number and if available, your email address, a statement by you indicating that you have a good faith believe that the alleged infringement is not an authorized use by the copyright owners, its agent, licensor or the law and a statement by you, sworn to before a notary public, that the information in your notice is accurate and that you are authorized to act in relation to such alleged violation and what authorizes you to so act and an actual signature of the copyright owner or someone authorized to act on their behalf to asset such alleged violation, and to submit such statement regarding the alleged infringement.
Your Content You Provide to US
Our website may include many manners in which it allows you to provide us with feedback and to submit materials/ideas to us. This website also may include a manner that permits you to communicate with third parties. By accessing and using our website, you represent and agree that: you are the sole owner of any material you submit or are making the submission with the express consent of the owner(s) or such materials or ideas, you are or are over the age of 18, the materials will not violate the rights of or cause injury to any person or entity and that you will defend, indemnify and hold us, our parent/subsidiary corporation(s), member(s), director(s), officer(s),agent(s), our affiliates or entities and each of our and their respective directors, officers, managers, members subscribers, shareholders, partners, employees, agents, representatives and licensors harmless from and against any liability of any nature arising out of or related to any content or material submitted to our website by you or by others using your username and password.
You also grant us a license to use the materials you submit via our website. When you submit any material, which includes but is not limited to photos, recordings or videos, to our website you grant to us and anyone or entity authorized by us, a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, reproduce, publish, copy, modify, transmit, sell, port, broadcast, sublicense, transfer, assign, exploit, create derivative works from, distribute, and/or publicly perform or display such material, in whole or in part, in any form, manner or medium (whether now known or hereafter developed), for any purpose that we choose without territorial or time limitations, and to sublicense such rights through multiple tiers of sub-licensees. The foregoing license grant includes the right to exploit any proprietary rights in the materials you submit, including but not limited to, right under copyright, trademark or patent laws that exist in any relevant jurisdiction and in connection with these foregoing rights you granted to us and anyone authorized by us, the right to identify you as the author or creator of any of your submission by name, email, address or screen name as we deem appropriate. You understand and agree that the technical submissions of our website, including content/material submitted by you may involve transmissions over various networks and or devices, Internet or otherwise, and may involve changes to the content/material to conform and adapt it to the technical requirements of connecting to such networks and or devices. You will not receive any compensation or damages or any kind for the use of any content/materials submitted by you and by making such submission, you agreed to grant us, our entities, our parent, subsidiary corporations, affiliates and agents, the rights described herein.
We have the right but are not obligated to monitor the content of our website or any site that is hyperlinked to our website at all times, including any social networking features, chat rooms and to other similar medium that may hereinafter be included as part of the website, to determined compliance with this agreement and any other applicable use rules, and applicable laws, rules, regulations, orders or authorized government or self-regulatory requests. We reserve the right at all times in our sole discretion to screen content submitted by users and members of our website to edit, move, delete, and/or refuse to accept any content that we believe in our sole discretion, for any reason, violates this agreement or is otherwise unacceptable or inappropriate. You acknowledge and agree that we may preserve content/ materials submitted by you and may also disclose that we may preserve such content/materials, and to also disclose the same if required to do so by law, or if in our judgment such preservation or disclosure is reasonable necessary to comply with legal process, enforce this agreement, respond to claims that any content or materials submitted by you violate the rights of third parties or protect the right, property or personal safety of our website, us, our entities, our affiliates, our agents and each of their respective officers, directors, managers, partner, subscribers, member, employee, shareholders, representative, our licensor, other uses and/or the public in general.
With regard to testimonials, comments or endorsements posted on our website or sent to us, you acknowledged that Michele Koenig, our spokesperson, or any of our members, moderators in any manner whatsoever, may use your testimonials, comments and or endorsement to promote and advertise our website. You hereby grant us permission to utilize your name, appearance, content or email or letter, voice and/or likeness in connection with any testimonial, comment or endorsement. This permission extends to publicity of our website in any, and all manners and media throughout the world in perpetuity. You hereby waive any right that you may have to inspect or approve any testimonial, comment or endorsement prior to posting.
You acknowledge and agree that any contributions originally created by you for us shall be deemed a “work made for hire: when the work performed is within the scope of the definition of a work made for hire as defined in U.S. Copyright Act §101, as amended.
As such, the copyrights in those works shall belong to us from their creation and we shall be deemed the author and exclusive owner thereof and shall have the right to exploit any or all of the results and proceeds in an and all media, now know or hereafter devised, throughout the Universe, in perpetuity, in all languages, as we determine. In the event that any of the results and/or proceeds or your submissions hereunder are not deemed a “work made for hire” under Copyright Act §101, as amended, you hereby, without any additional compensation, irrevocably assign, convey and transfer to us all of you proprietary rights, including without limitation, all copyright, service mark, trade dress, trade secrets and trademarks throughout the Universe, in perpetuity in every medium, whether now known or thereafter devised, to such material and any all right, title and interest in and to all such proprietary right in every medium, thereto now known or hereafter devised, throughout the Universe, in perpetuity. Any posted material which is or are reproductions or prior works by you shall be co-owned by us.
Our website is educational and provides information, providing these services in a variety of manners on our system; and we provide this for the purposes of entertaining, informing and educating our uses and/or members through a variety of distribution channels and methods.
Our content consists of solely educational and information material and may be viewed as impersonal investment related information, which is based upon our review of current opinions and viewpoints in the marketplace and statistical and financial data and independent research we obtain from others.
Investment related information we provide is purely for education and general information purposes only and not trade ideas or other references we make to a particular security in a recommendation to buy, sell or hold, that or any other security, portfolios of securities or to affect any transaction or investment strategy.
The education and information presented herein is intended for a general audience and does not purport to be nor should it be construed as specifically as advice tailored to any individual; you are encouraged to discuss any opportunities you may have or be presented with your legal counsel, financial professional, accountant or any other advisor you may seek.
Michele Koenig, a our spokesperson, communicates content and editorials on this site; any statement regarding his, or any other of our moderators or contributors, “commitment” to share their personal investing strategies should not be construed or interpreted to require the disclosure of investment and strategies that are personal in nature, part of their estate or tax planning or immaterial to the scope and nature of our educational philosophy and vision.
All of our moderators are granted free access to all of our DVD/Guide Combo Membership and any products and/or our content that we may release in the future. Moderators, as with other individuals, may participate in our Affiliate Program and receive an Affiliate commission when sales revenue is generated through their affiliate.
Affiliates in our Affiliate Program are members, moderators and/or selected non-member individuals. Their participation enables them to receive a custom URL addition, that when added to the end of any URL on our website, will denote that they forwarded traffic to our website; this is done via a cookie drop on the end users computer when they click on an Affiliate’s link. Affiliates earn 20% commission on any sales that are generated through their affiliate click links and these cookies remain in effect for 60 days: this means that if you click on an affiliate link, i.e. www.tradeonthefly.com/aff=12, Affiliate 12 will receive revenue compensation for the sale as described above.
We may provide, at our complete and unimpeded discretion, free access to our website services, content, material to any person or entity or any of our members. For example, we may give free access to our competitors in exchange for free access to their services or website content or material.
None of the information we give is tailored to your investment needs of the investment needs of any person.
We do not guarantee any of the information we provide would result in profitable investment activities. Examples used on our website are not to be interpreted or understood to be a promise or guarantee of earnings.
Materials in our product(s) or on our website, or any press release, podcast, internet broadcast, radio program (live or pre-recorded or otherwise), may contain information that includes or is based upon Forward-Looking statements within the meaning of the Securities Litigation Reform Act of 1995. Forward-Looking statements give our expectations or forecasts or forecast(s) or future events and you can identify such statement by the fact that they do not strictly relate to historical or current facts, and use such words such as “anticipate”, “estimate”, “expect”, “project”, “intend”, “plan”, “believe”, “may”, “will”, “should”, “expects”, “anticipates” or the negative thereof or other similar terms, or by language used in discussions, broadcasts or trade ideas that involve risks and uncertainties, and other words and/or terms of similar meaning in connection with a description of potential earnings or financial performance. There exists a variety of risks/uncertainties that may cause actual results to differ from the Forward-Looking statements. We do not assume any obligation to update any Forward-Looking statements whether as a result of new information, future events or otherwise, and such statements are current only as of the date they are made.
Any and all Forward-Looking statement(s) on our website or online materials, sales materials or anything produced by us, are intended to express our OPINION of earning potential and if provided, is educational information.
We do not warrant or guarantee the accurateness, completeness or adequacy of the information we provide the information included on our website of the information contained on website linked to it.
Your use of the information on our website or material liked to it is entirely at your own risk.
Employees, contractors, owners, members and others connected with our website may own positions in the equities, options, securities and /or futures or FOREX positions mentioned on our website, its contents and/or materials.
The information provided by our website, by any means, is not intended and does not constituted tax, legal, investment advice nor any such recommendation and you should obtain such advice from your own professional advisors.
Our website may provide or generate information or links from or to certain brokerage, marketing or trading related companies (e.g. Speed Trader Pro and Center Point) for which Investors Live has agreements with and receives fixed monthly compensation; any of the foregoing is solely for your convenience only.
WHAT WE ARE NOT
We (which includes our owners and website moderators) are not, whether registered or not, brokers or dealers, investment advisors nor financial advisors, nor an advisory service, nor do we act as such.
We do not effect transactions in securities or engage in other broker or dealer activities. We do not give investment advice or advise anyone on the value of any security or other investment instruments.
We do not recommend trades or transactions in securities, commodities, futures, FOREX or other financial instrument.
We do not direct client commodity accounts or give commodity trading advice tailored to any particular situation.
You agree that we are not responsible to you for anything that we may otherwise be responsible for, if it is the result of events beyond our control, including, but not limited to, acts of God, acts war, insurrection, riots, terrorism, crime, labor shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, unavailability of payment processors, failure or shortage of infrastructure, shortage of materials, or any other event beyond our control.
WE AND OUR SOURCES DO NOT GUARANTEE OR WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE SERVICES, DATA OR THE MEDIA ON WHICH THE DATA IS PROVIDED AND SHALL NOT BE LIABLE TO YOU FOR ANY LOSS OR INJURY ARISING OUT OF OR CAUSED IN WHOLE OR IN PART BY OUR ACTS OR OMISSIONS OR OUR SOURCES, WHETHER NEGLIGENT OR OTHERWISE, IN PROCURING, COMPILING, COLLECTING, INTERPRETING, REPORTING, COMMUNICATING OR DELIVERING THE DATA OR SERVICES. IN NO EVENT SHALL WE OR OUR SOURCES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES (INCLUDING BUT NOT LIMITED TO DAMAGES TO BUSINESS REPUTATION, LOST BUSINESS OR LOST PROFITS), WHETHER FORESEEABLE OR NOT AND HOWEVER CAUSED, EVEN IF WE OR OUR SOURCES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS PARAGRAPH STATES OUR AND OUR SOURCES’ ENTIRE LIABILITY AND YOUR SOLE REMEDY IN CONNECTION WITH THE PROVISION OF THE DATA AND SERVICES.
IF, NOTWITHSTANDING THE PRIOR PARAGRAPH, LIABILITY CAN BE IMPOSED ON US OR OUR SOURCES, THEN YOU AGREE THAT THE AGGREGATE LIABILITY FOR ANY OR ALL LOSSES OR INJURIES TO CUSTOMER ARISING OUT OF ANY OF OUR OR OUR SOURCES ACTS OR OMISSIONS IN CONNECTION WITH ANYTHING TO BE DONE OR FURNISHED UNDER THE AGREEMENT, REGARDLESS OF THE CAUSE OR THE LOSS OR INJURY (INCLUDING NEGLIGENCE) AND REGARDLESS OF THE NATURE OF THE LEGAL OR EQUITABLE RIGHT CLAIMED TO HAVE BEEN VIOLATED, SHALL NEVER EXCEED THE AMOUNT PAID TO US FOR THE SERVICES OR DATA FURNISHED AND YOU COVENANT AND PROMISE THAT YOU WILL NOT SUE US OR OUR SOURCES FOR AN AMOUNT GREATER THAT SUCH SUM AND THAT YOU WILL NOT SEEK PUNITIVE DAMAGES IN ANY SUIT AGAINST US OR OUR SOURCES.
You agree to hold us harmless from any and all information provided any and all service/content/material, whether broadcast in any manner, that we provide.
YOU AGREE THAT USE OF THIS WEBSITE IS AT YOUR SOLE RISK. THE
INFORMATION, PRODUCTS AND SERVICES OFFERED ON OR THROUGH THE
WEBSITE, INCLUDING, WITHOUT LIMITATION, OUR CONTENT, OUR MATERIALS AND PRODUCTS, AND ANY THIRD-PARTY WEBSITES LINKED TO THIS WEBSITE ARE PROVIDED “AS IS,” “AS AVAILABLE” AND WITH “ALL FAULTS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW.
WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND WARRANTIES OF NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY OR MAY NOT APPLY TO YOU.
WE DO NOT WARRANT THAT THE WEBSITE OR ANY OF ITS FUNCTIONS, INCLUDING, WITHOUT LIMITATION, OUR CONTENT, OUR MATERIALS OR PRODUCTS OR OTHER CONTENT AND ALL OTHER SERVICES, WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THIS WEBSITE, OUR CONTENT, MATERIALS OR OUR PRODUCT, OUR OTHER CONTENT AND ANY OTHER SERVICES OR THE SERVERS THAT MAKE IT AVAILABLE, ARE FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE THAT MAY MANIFEST CONTAMINATION OR DESTRUCTIVE PROPERTIES, INTERFERENCE, HACKING, OTHER SECURITY INTRUSIONS, DAMAGE, OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED IN OUR WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER DEFECTS. WE AND OUR AFFILIATES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF OR INABILITY TO USE THIS WEBSITE OR ANY INFORMATION OR SERVICES (EXCEPT FOR RETAINING THE VALUE OF YOUR VOUCHER). WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE WEBSITE OR MATERIALS OR SERVICES ON THIS WEBSITE, INCLUDING OUR CONTENT, OUR MATERIALS, OUR PRODUCTS, OUR OTHER CONTENT AND ANY OTHER SERVICES, OR ON THIRD-PARTY SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE. IN ADDITION, OUR MAXIMUM AGGREGATE LIABILITY AND/OR OUR AFFILIATES ARISING IN CONNECTION WITH THESE TERMS OF
USE AND YOUR USE OF OUR WEBSITE OR OUR PRODUCTS SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100.00) OR THE AMOUNT YOU HAVE PAID TO US FOR A SINGLE PRODUCT OR SERVICE. YOU ALSO AGREE THAT WE ARE ONLY LIABLE TO YOU FOR THE MINIMUM AMOUNT OF DAMAGES THAT THE LAW RESTRICTS OUR LIABILITY TO, IF SUCH A MINIMUM EXISTS.
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO,
NEGLIGENCE, WILL WE OR OUR AFFILIATES BE LIABLE FOR DAMAGES OF ANY KIND OR NATURE WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL OR OTHERWISE (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE) WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT, PRODUCT LIABILITY OR OTHER CLAIM) THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, OUR WEBSITE, OUR PRODUCT OR OUR SERVICES, INCLUDING ITS ASSOCIATED CONTENT, MATERIALS, PRODUCTS, OR SERVICES, OR THIRD-PARTY MATERIALS, PRODUCTS, OR SERVICES MADE AVAILABLE THROUGH THIS WEBSITE, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES.
THE DISCLAIMER AND LIMITATION OF LIABILITY AND DAMAGES SET FORTH HEREIN ARE FUNDAMENTAL TO THE BASIS OF THIS AGREEMENT BETWEEN YOU AND US.
THIS WEBSITE, OUR CONTENT, OUR MATERIALS AND OUR PRODUCT WOULD NOT BE AVAILABLE TO YOU WITHOUT SUCH DISCLAIMERS AND LIMITATION OF LIABILITY AND DAMAGES. (BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THE LIABILITY OF OUR AFFILIATES, IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAWS.)
WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN ANY MATERIALS ON OR RELATED TO OUR WEBSITE. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT WE ARE NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE, HARASSING, INFRINGING OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH THE WEBSITE, OR ANY CONTENT, MATERIALS, PRODUCTS, OR SERVICES ON THE WEBSITE, OR WITH ANY OF THE WEBSITE’S TERMS AND CONDITIONS, THE SOLE AND EXCLUSIVE REMEDY AVAILABLE TO YOU IS TO STOP USING THE WEBSITE.
WE ARE NOT RESPONSIBLE FOR ANY DAMAGES, INJURIES, EXPENSES OR
LIABILITIES ARISING OUT OF OR RELATED TO YOUR USE OR PURCHASE OF
PRODUCTS OR SERVICES SOLD BY US.
All of the information on this website, whether historical in nature or Forward-Looking speaks on as of the date the information is posted on our website and we do not undertake any obligation to update such information after it is posted or to remove such information from our website if it is not, or is no longer, accurate or complete.
We reserve all our rights under this agreement as well as under the provisions of any applicable law. Our non-enforcement of any provision of this agreement or our non-enforcement of any applicable law, statute, rule or regulation should not be construed as our waiver of the right to enforce that same provision of this agreement under the same or different circumstances at any time in the future.
Notwithstanding any provision of agreement, if your jurisdiction has provisions specific to waiver or liability that conflict with this agreement, then our liability is limited to the smallest extent possible by law.
Specifically, in those jurisdictions not allowed, we do not disclaim liability for: (a) death or personal injury caused by its negligence or that of any of its officers, employees or agents; or (b) fraudulent misrepresentation; or (c) any liability which it is not lawful to exclude either now or in the future.
If any software is or may become available on or through this website, it is subject to the US Export Controls, and may not be downloaded or exported 1) into (or to a resident of) Cuba, Iran, Iraq, Libya, North Korea, Syria or any other country which the United States of America has embargoed foods; or 2) to anyone on the United States Treasury Department’s list of Specially Designated Nationals or the United States Commerce Department’s table of Deny Orders. By downloading or using any such software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
This website can be accessed worldwide, but we do not make any representation that materials on this website are appropriate or available for use in locations outside the United States and accessing them from territories where this website’s content is illegal is prohibited. Those who choose to access this website from other locations do so on their own initiative and are solely responsible for ensuring that their use is compliant with all applicable laws. Any offer for any product, service and/or information made in connection with this website is VOID where prohibited.
If applicable, for California users or resident, or others.
To avoid any doubt, waived claims are intended to include claims under §17200 et seq. of the California Business and Professions Code or any similar, comparable or equivalent provisions of law of any other state or territory of the United States of other jurisdiction to the extent that any waived claims as discussed herein would otherwise fall within such definition(s) as the case may be. In any event, if you assert a waived claim this agreement shall operate as a complete bar to such claim. In addition you hereby expressly waives and release any and all provisions, rights or benefits conferred by California Civil Code §1542 (or by any law of any state or territory of the United States or other jurisdiction or principle of common law, which is similar, comparable or equivalent to §1542 of the California Civil Code with respect to waived claims as defined herein, provided that reference to such §1542) or similar statutes shall not be deemed to convert a specific release into a general release. §1542 of the California Civil Code provides: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” You may hereinafter discover facts other than or different from those which you know or believe to be true with respect to the Released Claims, but you hereby fully, finally and forever settle and release any known or unknown, suspected or unsuspected, contingent or non-contingent State Claim that would otherwise fall within the definition of a waived claim, whether or not concealed or hidden, without regard to the subsequent discovery or existence of such different or additional facts.
Pursuant to California Civil Code §1789.3 any questions or complaints about our pricing must be addressed to our agent for notice and sent via e-mail to email@example.com.
California users are also entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
You agree to defined, indemnify and hold us, our affiliates and each of our and their respective directors, members, officers, managers, subscribers, partners, employees, shareholders, agents, representative and licensors harmless from and against any and all losses, expenses, damages and costs, including reasonable attorney(s) fees that arise out of or are related to your use of our website and it’s products, services, materials and/or content in violation of this agreement by you or any other person using your account, or your violation of any rights of any other person. You agree to defend, indemnify and hold us our affiliates and each of our and their respective directors, members, officers, managers, subscribers, partners, employees, shareholders, agents, representative and licensors harmless from and against any and all losses, expenses, damages and costs, including reasonable attorney(s) fees that arise out of or are related to your purchase of our products and services. We reserve the right to take over the exclusive defense of any claims from which we are entitled to indemnification under this agreement and in such event, you agree to provide us with such cooperation and information as is reasonably requested by us.
Further, you agree to indemnify and defend us with regard to all local laws as proscribed herein.
This agreement constitutes the entire agreement between you and us and with respect to the subject matter contained herein and supersedes any and all previous and contemporaneous agreements, proposals and communications between us whether oral or written.
If any of the provisions of this agreement is held to be invalidated by a court of competent jurisdiction, such invalidity shall not affect the enforceability of any other provisions contained in this agreement and the remaining terms of this agreement shall remain in full force and effect.
This agreement will be governed by the laws of the state of Montana without effect as to any conflict of laws principals or rules. You expressly and knowingly consent to the Jurisdiction of the state or federal courts of the State of Montana and consent and submit to the personal jurisdiction of such courts for the purpose of litigating any action concerning this agreement. Jurisdiction shall be in either state court located in Flathead County, Montana or in federal court, the US District Court for the District of Montana, located in Missoula, Montana.
This agreement cannot be transferred nor assigned by you to any other person, entity or third party. We may assign this agreement to a third party at any time without notice to you, and if we do assign, this agreement will remain substantially and materially the same unless its provisions are changes in the manner provided for herein.
This agreement is not intended to benefit any third party unless otherwise provided for herein and does not create any third party beneficiaries; therefore this agreement can only be invoked or enforced by you or us and you agree, that regardless of any statute, law, rule or regulation to the contrary, any claim or cause of action that you may have arising out of or related to use of this website, its content/services/material/products, this agreement must be filed by you within one year after such claim or cause of action arose or you will be forever barred from such suit.
If you are just browsing our website, or using our website as a member, we collect general information about how you use our website, including the time of day and duration of your visit, your IP address, the website from which you linked to us, the web browser that you used, and your operating system/platform. This general information helps us to modify and improve our website on a continuing basis.
We also use “cookie” technology. A cookie is a small amount of data sent by our website and stored on your computer, so that we can tell if you are a member or a return visitor and how you use our website. If you do not want to accept cookies, you can set your computer to refuse them. Cookie and tracking technology (including tracking codes) depend on the features offered. Cookie and tracking technology are useful for gathering information such as browser type and operating system, tracking the number of visitors to the site, and understanding how members and visitors use the site, to understand trends while on our website and platform. Cookies can also help customize our website for visitors. Your personal information cannot be collected via cookies and other tracking technology; but if you previously provided personally identifiable information, cookies may be tied to such information. Aggregate cookie and tracking information may be shared with third parties or other persons or entities.
Our website utilizes session cookies, which are small text files placed on your computer or mobile device when you visit our website. Session cookies enable you to move from page to page on our website, and allow information you enter to be remembered. A session cookie is deleted when you close your browser, or after a short period of time.
- Contact Us page: A session cookie is used on this page to allow you to contact us via the website.
- With our Affiliate Program described herein.