Trade Reversal LLC Subscription Agreement
This subscription agreement (“Agreement”) is a binding contract between Trade Reversal LLC, (“Trade”) a Florida limited liability company, and you (“You” or “Your”), the individual who reads, subscribes or otherwise uses Trades’ websites, publications or products (collectively “Products”), including any free trials.
Please review these terms carefully before reading, subscribing or using Trade’s websites or Products. These terms govern all of Your use of all of Trade’s websites and Products and LIMITS TRADE’S LIABILITY TO YOU TO THE AMOUNT OF THE FEES YOU PAY TRADE FOR YOUR SUBSCRIPTION TO TRADE’S WEBSITE AND PRODUCTS.
You and Trade agree as follows:
1. Informational and Research Purposes Only. You agree to use Trade’s websites and Products solely for informational and research purposes. Trade does not give investment advice. Trade’s websites and Products are not suitable for all investors. All securities transactions involve risks and often result in financial loss. You should not undertake transactions You cannot afford to lose. Trade does not guarantee results or benefits of any nature. DO NOT BASE YOUR INVESTMENT DECISION ON ANY INFORMATION IN TRADE WEBSITES. Trade is not registered as a securities broker-dealer or an investment advisor either with the U.S. Securities and Exchange Commission (the “SEC”) or with any state securities regulatory authority. Trade is neither licensed nor qualified to provide investment advice. The information in Trade’s websites and Products is not provided to any particular individual for their individual circumstances. The information contained on Trade’s websites is not an offer to buy or sell securities. Trade distributes opinions, comments and information for a monthly fee exclusively to individuals who wish to receive them. Our websites have been prepared for informational purposes only and are not intended to be used as a complete source of information on any particular company. An individual should never invest based solely on information contained on Trade’s website or Products. Individuals should assume that all information provided regarding companies is not trustworthy unless verified by their own independent research. Trade urges you to invest carefully and to utilize the information available at the websites of the Securities and Exchange Commission at //www.sec.gov and the Financial Industry Regulatory Authority at //www.FINRA.org. You can review companies’ filings at the SEC’s EDGAR page. The FINRA has published information on how to invest carefully.
2. Trade Makes No Warranties. All information and data in Trade’s websites and Products is provided “as is”, and should be used solely for research purposes. Trade neither recommends investments, trades, or transactions nor indorses any issues or products. You agree that any and all trades, actions and investments are at your sole risk and acknowledge that Trade’s website and Products and anything contained therein including, but not limited to, content, services, good, or advertisements are provided “as is” and that Trade, its employees, advertisers, officers, directors, and contributors make no representation or warranties of any type.
3. Trade Is Not An Investment Advisor. Trade’s websites and Products and the content within are not to be interpreted as an offer to buy or sell any stock. Any investment questions should be directed to qualified, licensed, professional financial experts from both private and governmental sources. Trade and all of its officers, writers, directors, partners, affiliates, contributors, consultants or employees are not licensed personal financial advisors, and will not answer personal investment questions.
4. Content is for Informational Purposes Only. All of the content displayed in Trade’s websites and Products is strictly of informational nature, and is not suggested or intended to replace skilled research, advice or guidance from licensed investors or otherwise. Trade is not responsible for broker errors. Content, information, newsletters, opinion pieces and anything else on Trade’s websites are not investment advice. The content on Trade’s websites is provided to You for informative and supplemental research purposes only. Reliance and dependence on Trade’s websites and Products and all content therein, is done at Your sole risk.
5. Government Mandated Risk Disclosure Disclaimer. All options, forex and futures trading involve the potential for both major and minor rewards and/or risks. All readers, users and subscribers to Trade’s websites accept that they are willing to independently accept any and all related risks and/or benefits. If a potential loss is unaffordable, the user, reader, and/or subscriber should in no way use said monies for transactions, investments, or trades. Profit is never assured for any account; contents of Trade’s Products or websites do not imply or represent otherwise. Any trading system’s performance history, methodology, information, track record or data analysis does not guarantee, indicate nor warrantee results of any kind, either pending or previously. All performance results, hypothetical and/or otherwise are speculative, limited and unrelated to those from other accounts or individuals. Profits and losses are inherently unique, and should never be expected to meet or match those of any other account. Differences should be assumed and expected by users, readers and subscribers. Results achieved by other programs and/or accounts are neither implied nor guaranteed. Hypothetical trading does not account for financial risk impact, accountability and penalties. Hypothetical performance results are not implied, and should not be expected to occur. Any and all adverse results and effects should be considered. Success is neither implied nor guaranteed. Trade is not a registered investment advisor. We do not and will not provide personalized investment advice. Trade publishes opinionated information about companies that we believe our subscribers may have interest in. This website and affiliated websites contain “forward looking statements,” inside the definition of Section 27A of The Securities Act of 1933 and Section 21B of The Securities Exchange Act of 1934. All statements that express, or involve, discussions with respect to predictions, goals, expectations, beliefs, plans, projections, objectives, assumptions, opinions or future events or performance are not statements of historical fact, and may be “forward looking statements.” All such statements and content are based on projections, estimates, expectations, and information available at the time the statements are made, and may involve risks which could cause actual results to differ than those anticipated.
6. Trademarks and Proprietary Rights. Trade reserves all rights to Trade’s trademarks, service marks, and any and all other proprietary rights of any type under the laws of any governmental authority, domestic or foreign, including rights in and to all applications and registrations relating to Trade’s websites and Products and their content which shall, as between You and Trade, at all times be and remain the sole and exclusive property of Trade. All present and future rights in and title to Trade’s websites, e-mails and Products and their content are reserved to Trade for Trade’s exclusive use. Except as specifically permitted by this Agreement, the user, reader and subscriber may not copy or make any use of Trade’s content, opinions, information or any portion thereof except as specifically permitted herein, the user shall not use the trademarks, trade names, service marks, trade dress, logos or titles of Trade or their content, without Trade’s prior written approval. Trade will actively protect Trade’s intellectual property rights as allowed by the fullest measure of the law.
7. Limited License. You acquire no rights or licenses in or to the content and materials contained in Trade’s Products or websites other than the limited right to utilize Trade’s Products in accordance with these Agreement.
8. Trade’s Transactions. Principals, employees, and affiliates of Trade will from time to time acquire, own, and sell positions, securities, and other products, decide which positions, securities, and other products to avoid, and develop strategies related thereto, (hereinafter “Trade’s Transactions”) Trade’s websites will from time to time disclose, discuss, and analyze some but not necessarily all of Trade’s Transactions and the results thereof. You agree that none of the disclosures or information related to Trade’s Transactions is an offer to buy or sell securities or a recommendation, an endorsement, or investment advice. Regardless of the trades, positions, strategies and other Trade’s Transactions taken by Trade’s principals, employees, and affiliates, or disclosed in Trade’s Products or websites, You should conduct Your own personal and independent investment research before making any financial decisions. You acknowledge that Trade’s Transactions may result in losses. All information and content contained in Trade’s websites and Products, including information about Trade’s Transactions should not, in any way, be considered personalized investment advice. Trade recommends that You consult a qualified, licensed and professional financial expert before making all investment decisions. Trade is not responsible for broker errors, delays or miscommunications of any kind.
9. LIMITATION OF LIABILITY. IN NO EVENT WILL TRADE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, INDIRECT, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES) FOR ANY TORT, CONTRACT OR ANY OTHER LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR RELIANCE ON TRADE’S WEBSITES, TRADE’S PRODUCTS, OR THE CONTENT, DATA, INFORMATION, OR SERVICES THEREIN, EVEN IF TRADE IS SOLELY NEGLIGENT. TRADE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY, REGARDLESS OF THE FORM OF ACTION, AND EVEN IF TRADE HAS BEEN MADE AWARE OF THE POSSIBILITY OF SUCH DAMAGES, FOR ANY LOSS OF PROFITS, CAPITAL, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, OR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES WHATSOEVER, RESULTING FROM: (i) THE USE OF OR INABILITY TO USE TRADE’S PRODUCTS OR WEBSITES OR SUBSCRIPTION SERVICE; (ii) THE ACCURACY OF ANY DATA RELATED TO OR PROVIDED IN ASSOCIATION WITH THE TRADE’S PRODUCTS, WEBSITES OR SUBSCRIPTION SERVICE, INCLUDING ANY ERRORS OR OMISSIONS CAUSED BY TRADE’S OWN NEGLIGENCE; (iii) ANY INVESTMENT OR TRADING ADVICE PROVIDED BY TRADE’S EMPLOYEES OR AGENTS; (iv) TRANSACTIONS ENTERED INTO, THROUGH OR FROM OR IN RELIANCE UPON TRADE, TRADE’S WEBSITES, TRADE’S PRODUCTS, OR TRADE’S SUBSCRIPTION SERVICE; OR (v) FOR ANY OTHER CLAIM BY YOU OR ANOTHER PARTY RELATED TO TRADE’S WEBSITES OR PRODUCTS OR SERVICES.THERE MAY BE TECHNICAL OR FACTUAL INACCURACIES AND ERRORS IN TRADE’S WEBSITES AND PRODUCTS. TRADE HAS NO OBLIGATION TO PROVIDE NOTICE OF SUCH ERRORS OR INACCURACIES TO YOU OR ANY THIRD PARTY. THE INFORMATION AND DATA PROVIDED BY TRADE IS PROVIDED “AS-IS” AND “AS-AVAILABLE.” TRADE DOES NOT REPRESENT, WARRANT OR GUARANTEE THE ACCURACY, COMPLETENESS, RELIABILITY, OR TIMELINESS OF THE DATA, INFORMATION, TEXT, GRAPHICS, LINKS OR ANY OTHER ITEMS PROVIDED BY TRADE. TRADE EXPRESSLY DISCLAIMS ALL LIABILITY FOR, AND SHALL HAVE NO LIABILITY TO YOU OR ANY OTHER PARTY FOR, ERRORS, INACCURACIES, UNRELIABILITY, OR OMISSIONS IN, OR THE MISUSE OR MISINTERPRETATION OF, ANY DATA OR INFORMATION CONTAINED IN TRADE’S WEBSITES OR PRODUCTS OR SERVICES, EVEN IF THE RESULT OF TRADE’S NEGLIGENCE.TRADE EXPRESSLY DISCLAIMS ALL LIABILITY FOR, AND SHALL HAVE NO LIABILITY TO YOU OR ANY OTHER PARTY FOR, YOUR RELIANCE ON THE ACCURACY, TIMELINESS, OR RELIABILITY OF ANY INFORMATION AND DATA PROVIDED BY TRADE. TRADE MAKES NO COMMITMENT TO UPDATE THE INFORMATION OR DATA PROVIDED BY TRADE AS PART OF THE PRODUCTS. YOU ASSUME THE ENTIRE RISK AS TO THE USE OF AND RELIANCE ON TRADE’S WEBSITE AND PRODUCTS OR SERVICES. YOU HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION AGAINST TRADE FOR BREACH OF CONTRACT, BREACH OF WARRANTY, BREACH OF FIDUCIARY DUTY, OTHER BREACH OF DUTY, OR NEGLIGENCE, RELATED TO THE PRODUCTS OR SERVICES.IN NO EVENT SHALL TRADE’S LIABILITY UNDER THIS AGREEMENT, IF ANY, EXCEED THE SUBSCRIPTION FEE PAID BY YOU FOR THE SUBSCRIPTION TERM IN WHICH THE ALLEGED EVENT CREATING LIABILITY AROSE.
10. Class Action Waiver. Any claim You have against Trade whether pursued in court or in arbitration shall proceed solely on an individual basis without the right for any claims to be litigated or arbitrated on a class action basis or on bases involving claims brought in a purported representative capacity on behalf of others. The authority of the court of arbiter to resolve and make written awards is limited to claims between You and Trade alone. Claims may not be joined or consolidated unless agreed to in writing by all parties. No court or arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the court proceeding or arbitration.
11. LIMITATION OF WARRANTIES. EXCEPT AS PROVIDED ABOVE AND SUBJECT TO ANY CONTRARY PROVISIONS OF APPLICABLE STATE LAW, TRADE DISCLAIMS ANY AND ALL EXPRESS AND IMPLIED WARRANTIES INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR SUITABILITY OF THE PRODUCTS AND SUBSCRIPTION SERVICE AND ANY RELATED PRODUCTS AND SERVICES AND ANY WARRANTY COVERAGE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THE PRODUCTS OR SUBSCRIPTION SERVICE OR ANY RELATED PRODUCTS AND SERVICES. TRADE SPECIFICALLY DISCLAIMS WARRANTY COVERAGE FOR ANY INFORMATION OR DATA PROVIDED THROUGH TRADE’S WEBSITE AND PRODUCTS. EXCEPT AS OTHERWISE PROVIDED ABOVE, THE PRODUCTS AND INFORMATION TRADE PROVIDES ARE ALL PROVIDED “AS IS.”
12. Indemnification. As a condition to the use and consumption of Trade’s websites and Products and their content, You agree, at Your own expense, to indemnify, defend, and hold harmless Trade and its affiliates, management, directors, officers, employees, contributors, writers, representatives, suppliers and agents, against any claim, suit, action or other proceeding brought against Trade or its affiliates, management, directors, officers, employees, representatives, suppliers and agents, by a third party, to the extent that such claim, suit, action or other proceeding brought against Trade and/or its affiliates, management, directors, officers, employees, representatives, suppliers and agents is based on or arises in connection with: the use of Trade’s content, websites, and Products, including, but not limited to, You or someone using Your computer to use and read any of Trade’s content or services; a violation of this Agreement by You or anyone using Your computer; a claim that any use of Trade’s content and subscription services by You or someone using Your computer infringes any intellectual property right of any third party or any right of personality or publicity, is libelous or defamatory or otherwise results in injury or damage to any third party; any deletions, additions, insertions, or alterations to, or any unauthorized use of content by You or some using Your computer; any misrepresentation or breach of representation or warranty made by You herein; or any breach of any covenant or agreement to be performed by the user, subscriber or reader hereunder. You agree to pay any and all costs, damages, and expenses, including but not limited to reasonable attorneys’ fees and costs awarded against or otherwise incurred by or in connection with, or arising from, any claim, suit, and action or proceeding attributable to any such claim.
13. Amendment. Trade reserves the right to amend this Agreement and the content of its Products and websites at its discretion and any such amendment to this Agreement will become effective immediately upon posting. Your use of Trade’s website and its content at any time following any amendments to this Agreement constitutes an acknowledgement and full acceptance of such changes. The user, reader and subscriber all accept that Trade has the right to change the content or functionality of any aspect of their services, content, opinion pieces, contributions and other information on its websites at any time at its sole discretion.
14. Governing Law and Forum. This Agreement shall be governed and construed in accordance with the laws of Florida, without giving effect to conflicts of law principles thereof. You agree to submit to the personal jurisdiction of the state and federal courts located in Orange County, Florida for any legal proceedings that may arise in connection with this Agreement, or in connection with Your use of Trade’s Products and websites, the content, subscription or information therein, or from a dispute as to the interpretation or breach of this Agreement.
15. Non-Waiver and Severability. The failure of Trade to insist on compliance by You or other parties with any provision of this Agreement shall not waive Trade’s future rights to enforce them. If any provision of this Agreement is found invalid or unenforceable under applicable law, all other provisions of this Agreement shall remain in full force and effect.
16. Agreement. By subscribing to Trade’s Products, entering any of Trade’s websites, or otherwise using any of Trade’s websites or Products, you agree: (i) to be bound to the terms set forth in this Agreement, and (ii) that You are not less than eighteen years of age at the time of entering this Agreement. Notwithstanding any other agreement, commitment and/or other communications between Trade and You to the contrary, the receipt or use of any material, data, content, or other information provided by Trade at any time and through any means, whether directly or indirectly, represents acknowledgement and agreement by You that such materials shall be subject to the terms of this Agreement including but not limited to all disclaimers contained herein.