User Agreement and Cancellation Policy

Questions about Cancellation

1. What’s your “Cancellation Policy”?

For any of our monthly memberships (i.e. WOW Insider, Maggie Mastermind Project, Pirate Picks, etc.) you are able to cancel at anytime during your membership. We never obligate you to a contract with our month-to-month memberships.

We truly hate to see you leave, but if you do wish to cancel your membership simply email us at TheCrew@tradersedgenetwork.com or call us at 801-733-4190 to submit your cancellation request. (Please leave a voicemail in the event you aren’t able to speak to a live customer service representative) Also, please be sure to provide us with your name, email address, city and state so we can correctly access your account in our system.

If you request to cancel within 7 calendar days of your last monthly billing cycle, we will gladly issue you a refund for that current month. If you request to cancel after the “7 Calendar Day Refund Window”, please enjoy the benefits of your membership for the remainder of the billing cycle. Then, we will automatically remove your membership access and make sure you aren’t billed moving forward.

2. Can I rejoin a membership if I cancel?

Absolutely. As long we are accepting memberships at that time, we will gladly welcome you back with open arms. We simply make your account “inactive” and can easily re-activate your membership up at any time. Simply email us at TheCrew@tradersedgenetwork.com or call us at 801-733-4190 to sign up again.

3. Can I take advantage of the 24-day Free Test-Drive again?

Unfortunately, you can only participate in a 24-day free trial one time.

4. If I cancel one of my memberships, will I still be charged?

Once you’ve requested to cancel a membership, you will not see any more membership charges unless you request to re-activate your membership later on. If you cancel outside of the “7 Calendar Day Refund Window”, you can still enjoy all of the benefits of the membership until the end of your billing cycle. If you request to cancel within the “7 Calendar Day Refund Window” since your last billing date, we will gladly issue a refund for that charge and cancel your membership immediately.

1. TERMS AND CONDITIONS.

THESE TERMS OF SERVICE GOVERN YOUR USE OF THE TRADERS EDGE NETWORK, LLC (“TRADERS EDGE”) MATERIAL; INCLUDING BUT NOT LIMITED TO THE TRADERS EDGE WEBSITE. BY ACCESSING ANY OF TRADERS EDGE’S MATERIAL, YOU ARE INDICATING YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF THESE TERMS OF USE. THESE TERMS OF USE ARE SUBJECT TO CHANGE BY TRADERS EDGE AT ANY TIME IN ITS DISCRETION. YOUR USE OF THIS MATERIAL AFTER SUCH CHANGES ARE IMPLEMENTED CONSTITUTES YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF THE CHANGES. PLEASE CONSULT THESE TERMS OF USE PRIOR TO EVERY USE FOR ANY CHANGES.

A. USE OF THE TRADERS EDGE MATERIAL

The Traders Edge online material (“Website”), and all other Traders Edge material (all material on and off the Website provided by Traders Edge will be referred to herein collectively as “Material”) is intended only for your personal, non-commercial use and display. You may download information from the Website to your computer and print out a hard copy for your personal reference, provided that you agree not to remove any copyright, trademark or other notices contained therein.

By using the Material and information and services available through the Website, you agree to follow and be bound by these Terms and Conditions. If you do not agree to these Terms and Conditions, do not use the Material.

Traders Edge owns the Material and reserves the right, at its discretion, to modify these Terms and Conditions at any time and any such modification will be effective immediately upon posting the modification. YOU SHOULD CHECK THESE TERMS AND CONDITIONS PERIODICALLY FOR MODIFICATIONS. If you use the Material after we post modifications to the Material, then you will be bound by such modifications.

These Terms and Conditions are in addition to any other agreements between you and Traders Edge, including any customer or account agreements and any other agreements that govern your use of products, services, content, tools and information available in any of the Material.

B. NO RECOMMENDATIONS OR ADVICE PROVIDED

Traders Edge does not make recommendations or offer investment advice of any kind.

Traders Edge provides the Material for informational, educational and noncommercial purposes only. Although Traders Edge may provide data, information and content relating to investment approaches and opportunities to buy or sell securities, including mutual funds and exchange-traded funds, you should not construe any such information as investment, financial, tax, legal or other advice. You alone will bear the sole responsibility of evaluating the merits and risks associated with the use of any data, information or content in the Material before making any decisions based on such data, information or content. In exchange for using such data, information or content, you agree not to hold Traders Edge or its third-party content providers liable for any possible claim for damages arising from any decision you make based on information made available to you through the Material.

C. WEBSITE CONTENT

Traders Edge offers content from third-party providers on the Website. This content includes, but is not limited to, financial market data, quotes, news, analyst opinions and research reports (the “Content”). Traders Edge does not endorse or approve the Content, and we make it available to you only as a service and convenience. Traders Edge and our third-party providers do not guarantee the accuracy, timeliness, completeness or correct sequencing of the Content or warrant any results from your use or reliance on the Content. The Content may quickly become unreliable for various reasons including, for example, changes in market conditions or economic circumstances. Neither Traders Edge nor the third-party providers are obligated to update any information or opinions contained in any of the content. Traders Edge may discontinue offering any Content on the Website at any time without notice. You agree that neither Traders Edge nor the third-party providers will be liable to you in any way for the termination, interruption, delay or inaccuracy of any of the Content on the Website. You will not redistribute or facilitate the redistribution of any Content, nor will you provide access to the content to anyone who is not authorized by Traders Edge to receive the Content.

D. HYPERLINKS

In the event you use the hyperlinks included on the Website to gain access to a World Wide Website or Internet location or source of information on any company, organization or person other than Traders Edge or to any other Internet location, you acknowledge that such other sites or locations are not under the control of Traders Edge and agree that Traders Edge shall not be responsible for any information or other hyperlinks found at any such World Wide Website or Internet location or source of information or for your use of such information.

Traders Edge provides such links only as a convenience to you and has not tested any software or verified any information found at such sites. The fact that Traders Edge has provided a link to another site does not signify an endorsement of the site or its contents by Traders Edge. There are inherent risks in the use of any software or information found on the Internet, and you acknowledge that you understand these risks before making any use of the Website.Hyperlinks are to be accessed at the user’s own risk, and Traders Edge makes no representations or warranties about the content, completeness or accuracy of these hyperlinks or the sites hyperlinked to this site.

E. ELECTRONIC RECORDING

In connection with your use of this Website, you acknowledge and consent to the taping or any form of electronic recording of any communication, electronic or otherwise, between you and Traders Edge or its representatives or agents. You acknowledge and consent to the recording, retention and use by Traders Edge (and its employees, representatives, and agents) of all information and data that you input during your use of the Website or during any communication.

F. ELECTRONIC COMMUNICATIONS

The Website provides you Traders Edge e-mail addresses so that you may communicate electronically by sending an e-mail message to Traders Edge. All e-mail sent to and from Traders Edge will be received or otherwise recorded by the Traders Edge corporate e-mail system and is subject to archival, monitoring or review by and/or disclosure to, someone other than the recipient. Communications through the Website may involve the electronic transmission to any e-mail address you provided to us of information that you may consider to be personal financial information, and you agree and consent to such transmission of such information. You agree not to use e-mail to transmit any confidential personal information.

G. LICENSE AND WEBSITE ACCESS

THIS WEBSITE MAY OR MAY NOT COLLECT YOUR USER DATA. BY USING THIS WEBSITE, YOU AKNOWLEDGE THAT YOU ARE EIGHTEEN (18) YEARS OR OLDER AND CONSENT TO THE COLLECTION OF YOUR USER DATA. PURSUANT TO THE CHILDREN’S ONLINE PRIVACY PROTECTION ACT (“COPPA”), IF YOU ARE UNDER THIRTEEN (13) YEARS OF AGE, YOU ARE NOT PERMITTED TO ACCESS THIS WEBSITE FOR ANY REASON. DUE TO THE AGE RESTRICTIONS FOR USE OF THIS WEBSITE, NO INFORMATION OBTAINED BY THIS WEBSITE, FALLS WITHIN COPPA AND IS NOT MONITORED AS DOING SO. ADDITIONALLY, YOU AGREE TO COMPLY WITH ANY LOCAL, REGIONAL, OR NATIONAL AGE RESTRICTIONS THAT MAY APPLY TO YOU IN YOUR USE OF TRADERS EDGE WEBSITE AND MATERIALS.

Traders Edge hereby grants you a limited, nonexclusive, nontransferable license to view, bookmark, download and print the pages within this Website, and the documents, graphics and media incorporated on those pages, solely for the purpose of your personal, non-commercial use and display. You are solely responsible for obtaining, paying for, repairing and maintaining all of the equipment, telephone lines and other material that you need to access this Website and the pages within this Website may be used solely for personal, informational and non-commercial purposes. As provided in Section I.H., infra, you may not modify, copy, distribute, transmit, post, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any pages, data, information, software, products or services obtained from this Website, unless you have obtained the prior written permission of Traders Edge or you are using a service available through this Website. Traders Edge reserves all rights not expressly granted herein; Traders Edge expressly reserves the right to monitor any and all use of this Website.

H. TRADEMARKS AND COPYRIGHTS

Trademarks, service marks, and logos appearing in the Material are the property of Traders Edge or the party that provided the trademarks, service marks, and logos to Traders Edge. Traders Edge and any party that provided trademarks, service marks, and logos to Traders Edge retain all rights with respect to any of their respective trademarks, service marks, and logos appearing in this site.

The registered and unregistered trademarks of Traders Edge include, without limitation, Traders Edge®. Traders Edge’s trademarks may not be used in connection with any product or service that is not Traders Edge’s and may not be used in any manner that is likely to cause confusion among customers or that disparages or discredits Traders Edge.

All other marks appearing in the Material are the exclusive property of their respective owners.

All content in the Material, including, but not limited to, text, graphics, audio clips, logos, buttons, images, digital downloads, data compilations, software, icons, html code and xml code, is the property of Traders Edge or its content vendors and is protected by U.S. and international copyright laws.

The compilation of all content in the Material is the exclusive property of Traders Edge or its content vendors and is protected by United States and international copyright laws. All software used on this Website is the exclusive property of Traders Edge or its software suppliers and is protected by U.S. and international copyright laws and other laws.

Unless you have obtained Traders Edge’s prior written permission, you may not:

(i) Copy, modify or display Traders Edge’ name, logo, trademarks, text, or graphic images or content in any way, except as set forth herein;

(ii) Modify, publish, transmit, participate in the transfer or sale of, create derivative works of, on in any way exploit, in whole or in part, any Proprietary or other Material;

(iii) Redeliver any of the pages, text, graphic images or content of this Website using “framing” technology;

(iv) Modify or use Traders Edge’s name, logo or other trademarks or the pages, text, graphic images or content from this Website for any purpose other than as set forth herein—such a modification or use is a violation of Traders Edge’s copyrights and/or other proprietary rights;

(v) Use devices (including software) that are designed to provide repeated automated access to this Website, other than those made generally available by Traders Edge, or probe, scan or test the vulnerability of any system or network related in any way to this Website, without the prior written consent of Traders Edge. Traders Edge reserves the right to take all measures necessary to prevent such access, probing, scanning or testing, including denial or termination of service, and you acknowledge and agree that Traders Edge shall be entitled, without warning any other rights or remedies, to injunctive or equitable relief as may be deemed proper to enforce such right; and

(vi) Include “TRADERS EDGE NETWORK,” any Traders Edge trademark, any Traders Edge executive’s or other employee’s name or any variation of any of the foregoing, as a meta-tag, hidden textual element or any other indicator that may create an impression of affiliation, sponsorship or endorsement between any user and/or Website and Traders Edge and/or this Website.

To access this site or some of the resources it has to offer, you may be asked to provide certain registration details or other information. It is a condition of your use of this site that all the information you provide on this site will be correct, current, and complete. If our Traders Edge believes the information you provide is not correct, current, or complete, we have the right to refuse you access to this site or any of its resources, and to terminate or suspend your access at any time, without notice.

I. DOWNLOADING SOFTWARE AND FILES

If you download software or files from the Website under these Terms and Conditions, the software—including any files or images incorporated in or generated by the software and data accompanying the software—and files (collectively, the “Files”) are licensed to you by Traders Edge solely for your personal, noncommercial use. However:

Traders Edge does not transfer title to the Files to you;

(i) You own the medium on which the Files are recorded, but Traders Edge and its licensors retain full and complete title in and to the Files, including all intellectual property rights therein;

(ii) You may not redistribute, sell, decompile, reverse engineer, disassemble or otherwise reduce the Files to any other form whatsoever; and

(iii) Software from this Website is subject to U.S. export controls. Software from this Website may not be downloaded or otherwise exported or re-exported outside the U.S.

J. INTERNATIONAL USE

Each of the investment products and services referred to in the Material is intended to be made available only to residents of the United States. This Website is intended for use only in the United States. This Website shall not be considered a solicitation for or offering of any investment product or service to any person in any jurisdiction where such solicitation or offering would be illegal.

Because of the global nature of the Internet, you agree to comply with all local rules regarding online conduct, including all laws, rules, codes and regulations of the country in which you reside and the country from which you access this Website. In addition, you agree to comply with all applicable laws, rules, codes and regulations regarding the transmission of technical data exported from the U.S.

K. REQUIREMENTS FOR HYPERLINKING TO THE WEBSITE

You may not hyperlink to this Website unless you accept and comply with the following hyperlinking requirements. You are granted a limited, revocable, nonexclusive right to create a hyperlink to this Website provided you comply at all times with all of the following conditions:

All hyperlinks must resolve to Traders Edge’s portal page at www.tradersedgenetwork.com;

(i) The text of the hyperlink on the linking Website must include the terms “Traders Edge,” or “tradersedgenetwork.com,” or “www.tradersedgenetwork.com” (you may not use any Traders Edge logo or other proprietary graphic, including but not limited to banner advertisements, as part of the hyperlink without the prior written permission of Traders Edge).

(ii) The hyperlink and surrounding context on the linking Website must not falsely represent or suggest any relationship between the linking Website and Traders Edge or this Website (including suggestions of affiliation, endorsement or sponsorship);

(iii) The hyperlink and surrounding context on the linking Website must not portray Traders Edge or its products or services in a false, misleading, derogatory, disparaging or otherwise offensive manner;

(iv) The hyperlink must deliver Traders Edge content outside of a framed environment and must maintain the integrity of the layout, content and look and feel of this Website; and

(v) The hyperlink must deliver users directly to this Website unaltered, unmodified and unadulterated in any way by the hyperlinking Website.

Notwithstanding the foregoing, in no event may you maintain numerous or pervasive links to this Website without the prior written permission of Traders Edge.

L. LICENSE

All images, text, contents, products and scripts are licensed and never sold, unless otherwise stated. Reproduction is prohibited. You may not use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, otherwise reverse engineer, or transfer the licensed program or product, or any subset of the licensed program or product, except as provided for in this agreement or expressly in writing. Any such unauthorized use shall result in immediate and automatic termination of this license and may result in criminal and/or civil prosecution.

Traders Edge reserves all rights not expressly granted here.

M. RESTRICTIONS ON USE

You may use this Material for purposes expressly permitted by this Material. You may not use this Material for any other purpose, including any commercial purpose, without our Traders Edge’s express prior written consent. For example, you may not (and may not authorize any other party to) (i) co-brand this site, or (ii) frame this site, or (iii) hyperlink to this site, without the express prior written permission of an authorized representative of Traders Edge. For purposes of these Terms of Use, “co-branding” means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute this site or content accessible within this site. You agree to cooperate with Traders Edge in causing any unauthorized co-branding, framing or hyper-linking immediately to cease.

 

2. DISCLAIMER& LEGAL RIGHTS

NO ADVICE IS GIVEN OR IMPLIED

The information provided in the trainings is for educational purposes only and Traders Edge is not, and does not represent itself to be offering or recommending any securities to be bought or sold.

A. DISCLAIMER

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

Your use of the Material is provided on an “as is” and “as available” basis. To the full extent permitted under applicable law, Traders Edge expressly disclaims all warranties of any kind with respect to the Material and any products or services available on or through the Material, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement. Traders Edge makes no warranty that:

(i) The Material will meet your requirements;

(ii) The Website will be uninterrupted, timely, secure or free of viruses, errors, worms, date bombs, time bombs or other harmful components;

(iii) The results that may be obtained from the use of the Material will be accurate or reliable;

(iv) The quality of any products, services, information or other material purchased or obtained by you through the Website will meet your expectations;

(v) Any errors on the Website will be corrected; and

(vi) The data and materials presented or displayed on the Website are correct, accurate or reliable. Any content or data downloaded or otherwise obtained through the use of the Website is done at your own discretion and risk. You will be solely responsible for any damage to your computer system or loss of data that results from the download of any such content.

You agree that Traders Edge or any third party engaged in providing services to you on or through the Website shall not be responsible or liable for any damages caused by theft, unauthorized access, systems failure, communications line failure or other occurrences beyond the control of Traders Edge or such third parties.

Any stock or options symbols displayed in the Material are for illustrative purposes only and are not intended to portray a recommendation to buy or sell a particular investment.

The decision to buy or sell any security listed herein is done purely at the customer’s own risk.

Under no circumstances will Traders Edge, its owners officers, or employees be held liable for any losses incurred by the use of the information in the Material. Investing in stocks includes risk and the past performance of a stock is not necessarily an indicator of future gains.

There is no guarantee that the user of this Material will actually make money using this information. The person or persons utilizing this information acknowledges that he/she fully understands that the risk factor is high in trading and that only “Risk Capital” or “Risk Funds” should be used in such trading. A person who does not have extra Risk Capital, or Risk Funds, that they can afford to lose, should not trade in the market. No “Safe” trading system has ever been devised, and no one including us can guarantee profits or freedom from loss. We are not licensed brokers or stock advisors.

B. WARRANTIES

NO ADVICE OR INFORMATION, WHETHER WRITTEN OR ORAL, WHETHER OBTAINED BY YOU FROM TRADERS EDGE, FROM A TRADERS EDGE EMPLOYEE OR AGENT OR THROUGH OR FROM THE MATERIAL, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS USER AGREEMENT. Traders Edge will not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, revenue, income, goodwill, use, data or other intangible losses (even if Traders Edge has been advised of the possibility of such damages), resulting from:

The use of or the inability to use the Website;

(i) The cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into, through or from the Website;

(ii) Access to or alteration of your account, transmissions or data due to your conduct, inaction or negligence;

(iii) Statements or conduct of any third party on the Website; or

(iv) Any other matter relating to the Website.

All websites, products, and services are provided, as is, without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose. Traders Edge does not warrant, guarantee, or make any representations regarding the use, or the results of the use, of the websites, products, services or written materials in the terms of correctness, accuracy, reliability, currentness or otherwise. The entire risk as to the results and performance of the Material are assumed by you. If the Material is defective, you, and not Traders Edge, assume the entire cost of all necessary servicing, repair or correction.

This is the only warrant of any kind, either express or implied, that is made by Traders Edge. No oral or written information or advice given by Traders Edge shall create a warranty or in any way increase the scope of this warranty, and you may not rely on such information or advice to do so.

Your use of this Material is at your own risk. Traders Edge does not warrant that the functions or content contained in this Material will be uninterrupted or error-free, that defects will be corrected, or that this site or the server that makes it available are free of viruses or other harmful components. Traders Edge does not warrant or make any representation regarding use, or the result of use, of the content in terms of accuracy, reliability, or otherwise. The content may include technical inaccuracies or typographical errors, and company may make changes or improvements at any time. You, and not Traders Edge, assume the entire cost of all necessary servicing, repair or correction in the event of any loss or damage arising from the use of this site or its content. Traders Edge makes no warranties that your use of the content will not infringe the rights of others and assumes no liability or responsibility for errors or omissions in such content.

You understand that Traders Edge cannot and does not guarantee or warrant that files available for downloading from the Internet will be free of viruses, worms, Trojan horses or other code that may manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to this site for the reconstruction of any lost data. Traders Edge does not assume any responsibility or risk for your use of the Internet.

The Material is not necessarily complete and up-to-date and should not be used to replace any written reports, statements, or notices provided by Traders Edge. Investors, borrowers, and other persons should use the Material in the same manner as any other educational medium and should not rely on the Material to the exclusion of their own professional judgment. Information obtained by using this Material is not exhaustive and does not cover all issues, topics, or facts that may be relevant to your goals.

All of the information in this Material, whether historical in nature or forward-looking, speaks only as of the date the information is posted on this Website, and Traders Edge does not undertake any obligation to update such information after it is posted or to remove such information from this site if it is not, or is no longer, accurate or complete.

THESE WARRANTIES EXCLUDE ALL INCIDENTAL OR CONSEQUENTIAL DAMAGES. TRADERS EDGE, AND ITS SUPPLIERS, WILL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

C. EARNINGS& INCOME DISCLAIMERS

Any earnings or income statements, or earnings or income examples, are only estimates of what we think you could earn. There is no assurance or guarantee that you will receive profitable returns, or have favorable performance. If you rely upon our figures, you agree to accept the risk of not doing as well. Where specific income figures are used, and attributed to an individual or business, those persons or businesses have earned that amount. There is no assurance you’ll do as well.

Any and all claims or representations, as to income earnings on this Material, are not to be considered as average earnings. Testimonials are not representative.

THERE CAN BE NO ASSURANCE THAT ANY PRIOR SUCCESSES, OR PAST RESULTS, AS TO INCOME EARNINGS, CAN BE USED AS AN INDICATION OF YOUR FUTURE SUCCESS OR RESULTS.

Monetary and income results are based on many factors. We have no way of knowing how well you will do, as we do not know you, your background, your work ethic, or your business skills or practices. Therefore, we do not guarantee or imply that you will win any incentives or prizes that may be offered, get rich, that you will do as well, or make any money at all.

Internet businesses and earnings derived therefrom, have unknown risks involved, and are not suitable for everyone. Making decisions based on any information presented in our products, services, or website, should be done only with the knowledge that you could experience significant losses, or make no money at all. Only risk capital should be used.

All products and services by our Traders Edge are for educational and informational purposes only. Use caution and seek the advice of qualified professionals. Check with your accountant, lawyer or professional advisor, before acting on this or any information.

Users of our products, services and Material are advised to do their own due diligence when it comes to making business decisions and all information, products, and services that have been provided should be independently verified by your own qualified professionals. Our information, products, and services in this Material should be carefully considered and evaluated, before reaching a business decision, on whether to rely on them. All disclosures and disclaimers made herein or on our site, apply equally to any offers, prizes, or incentives, that may be made by our Traders Edge.

YOU AGREE THAT OUR TRADERS EDGE IS NOT RESPONSIBLE FOR THE SUCCESS OR FAILURE OF YOUR BUSINESS DECISIONS RELATING TO ANY INFORMATION PRESENTED BY OUR TRADERS EDGE, OR OUR COMPANY PRODUCTS OR SERVICES.

3. REMEDIES

Traders Edge’s entire liability, and the purchaser’s exclusive remedy, shall be a refund of the price paid or replacement of our products, at our option. We limit replacement to thirty days. All remedies are limited to the United States.

Some states do not allow the exclusion or limitation of liability, so the above limitations may not apply to you.

A. LEGAL FORUM, CHOICE OF LAWS & OFFICIAL LANGUAGE

Unless otherwise specified, Traders Edge controls and operates this Website from our offices within the State of Utah, United States of America. Traders Edge does not claim that materials in this Website are appropriate or available for use in locations other than the United States. If you choose to access this Website from other locations, you do so on your own initiative and you are responsible for compliance with any applicable local laws, as set forth above.

By visiting this Website, you agree that the laws of the State of Utah, United States of America, without regard to principles of conflict of laws, will govern this User Agreement and any dispute of any sort that might arise between you and Traders Edge or its affiliates. If you take legal action relating to this User Agreement, you agree to file such action only in the state and federal courts in Salt Lake City, Utah, and you consent and submit to the exclusive personal jurisdiction of those courts for the purposes of litigating any such action.

If any part of these Terms of Use is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. This User Agreement constitutes the entire agreement among the parties relating to this subject matter. Notwithstanding the foregoing, any additional terms and conditions on this site will govern the items to which they pertain. Traders Edge may revise these Terms of Use at any time by updating this posting.

4. PRIVACY POLICY

The material and content (hereinafter referred to as the “Content”) accessible from this site, and any other World Wide Website owned, operated, licensed, or controlled by Traders Edge is the proprietary information of Traders Edge or the party that provided the Content to our Company, and Traders Edge or the party that provided the Content to our Company retains all right, title, and interest in the Content. Accordingly, the Content may not be copied, distributed, republished, uploaded, posted, or transmitted in any way without the prior written consent of Traders Edge, or unless authorized in writing elsewhere on our site, except that you may print out a copy of the Content solely for your personal use. In doing so, you may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Content. Modification or use of the Content except as expressly provided in these Terms of Use violates Traders Edge’s intellectual property rights. Neither title nor intellectual property rights are transferred to you by access to this site.

A. SUBMISSIONS

You hereby grant to Traders Edge the royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display all content, remarks, suggestions, ideas, graphics, or other information communicated to Traders Edge through this site (together, hereinafter known as the “Submission”), and to incorporate any Submission in other works in any form, media, or technology now known or later developed. Traders Edge will not be required to treat any Submission as confidential, and may use any Submission in its business (including without limitation, for products or advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future Company operations.

Traders Edge will treat any personal information that you submit through this site in accordance with its Privacy Policy as set forth herein in Section IV., supra.

B. INFORMATION YOU PROVIDE

You may not post, send, submit, publish, or transmit in connection with this site any material that:

You do not have the right to post, including proprietary material of any third party;

(v) Advocates illegal activity or discusses an intent to commit an illegal act;

(vi) Is vulgar, obscene, pornographic, or indecent;

(vii) Does not pertain directly to this site’s content and purpose;

(viii) Threatens or abuses others, libels, defames, invades privacy, stalks, is obscene, pornographic, racist, abusive, harassing, threatening or offensive;

(ix) Seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;

(x) Infringes any intellectual property or other right of any entity or person, including violating anyone’s copyrights or trademarks or their rights of publicity;

(xi) Violates any law or may be considered to violate any law;

(xii) Impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content;

(xiii) Advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) except as may be specifically authorized on this site;

(xiv) Solicits funds, advertisers or sponsors;

(xv) Includes programs which contain viruses, worms and/or Trojan horses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications;

(xvi) Disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise act in a way which affects the ability of other people to engage in real time activities via this site;

(xvii) Includes MP3 or MP4 format files;

(xviii) Amounts to a “pyramid” or similar multi-level scheme;

(xix) Disobeys any policy or regulations established from time to time regarding use of this site or any networks connected to this site; or,

(xx) Contains hyper-links to other sites that contain content that falls within the descriptions set forth above.

Although under no obligation to do so, Traders Edge reserves the right to monitor use of this site to determine compliance with this User Agreement, as well the right to remove or refuse any information for any reason. Notwithstanding these rights, you remain solely responsible for the content of your submissions. You acknowledge and agree that neither Traders Edge nor any third party that provides Content to Traders Edge will assume or have any liability for any action or inaction by Traders Edge or such third party with respect to any submission.

C. NON-PERSONAL DATA COLLECTED AUTOMATICALLY

When you access our Websites, we may automatically (i.e., not by registration) collect non-personal data (e.g. type of Internet browser and operating system used, domain name of the Website from which you came, number of visits, average time spent on the site, pages viewed). We may use this data and share it with our worldwide affiliates to monitor the attractiveness of our Websites and improve their performance or content.

In addition, we may advertise on the Google content network using Google’s remarketing technology. In doing so, Google will place or read a unique ad-serving cookie on your computer and will use non-personal information about your browser and your activity at this site to serve ads on their content network. The ad-serving cookie is a persistent cookie.

D. “COOKIES”—INFORMATION STORED AUTOMATICALLY ON YOUR COMPUTER

When you view one of our Websites, we may store some data on your computer in the form of a “cookie” to automatically recognize your PC next time you visit. Cookies can help us in many ways, for example, by allowing us to tailor a website to better match your interests or to store your password to save you having to re-enter it each time. If you do not wish to receive cookies, please configure your Internet browser to erase all cookies from your computer’s hard drive, block all cookies or to receive a warning before a cookie is stored.

E. SECURITY

Any passwords used for this site are for individual use only. You will be responsible for the security of your password (if any). Traders Edge will be entitled to monitor your password and, at its discretion, require you to change it. If you use a password that Traders Edge considers insecure, Traders Edge will be entitled to require the password to be changed and/or terminate your account.

You are prohibited from using any services or facilities provided in connection with this site to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited. If you become involved in any violation of system security, Traders Edge reserves the right to release your details to system administrators at other sites in order to assist them in resolving security incidents. Traders Edge reserves the right to investigate suspected violations of these Terms of Use.

Traders Edge reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing Traders Edge to disclose the identity of anyone posting any e-mail messages, or publishing or otherwise making available any materials that are believed to violate these Terms of Use.

BY ACCEPTING THIS AGREEMENT, YOU WAIVE AND HOLD HARMLESS TRADERS EDGE FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY TRADERS EDGE DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER TRADERS EDGE OR LAW ENFORCEMENT AUTHORITIES.

5. LIMITATION OF LIABILITY & INDEMNIFICATION

A. INDEMNIFICATION

You will indemnify and hold Traders Edge, its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (hereinafter known as the “Indemnified Parties”) harmless from any breach of this User Agreement by you, including any use of Content other than as expressly authorized in this User Agreement. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorney’s fees of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information accessed from this site.

B. LIMITATION ON LIABILITY

TRADERS EDGE, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

In no event will the collective liability of company and its subsidiaries, affiliates, licensors, service providers, content providers, employees, agents, officers, and directors, to any party (regardless of the form of action, whether in contract, tort, or otherwise) exceed the greater of one-hundred dollars ($100) or the amount you have paid to company for the applicable content, product or service out of which liability arose.

6. MISCELLANEOUS

A. INTEGRATION AND SEVERABILITY

If any provision of these Terms and Conditions is deemed unlawful, void or for any reason unenforceable, then that provision will be deemed severable from these Terms and Conditions and will not affect the validity and enforceability of the remaining provisions. These Terms and Conditions represent the entire agreement between Traders Edge and you relating to the subject matter herein, except that Traders Edge’s relationship with its customers is governed by the Traders Edge account agreements.

B. TERMINATION, SUSPENSION OR MODIFICATION

The rights granted to you herein terminate immediately upon any violation by you of this User Agreement. Traders Edge reserves the right to terminate, suspend or modify your access to the Website at any time, without notice, for any reason whatsoever. You agree that Traders Edge shall not be liable to you or any third party for any termination of your access to this Website.

 

Contact Information:

TheCrew@TradersEdgeNetwork.com
11286 South Lucas Lane
South Jordan, UT 84095
801-733-4190

 

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