TERMS AND CONDITIONS
Last updated February 01, 2023
- TERMS AND CONDITIONS OVERVIEW
- ACKNOWLEDGMENT OF NO FINANCIAL ADVICE OR RECOMMENDATIONS
- ACKNOWLEDGMENT OF NO WARRANTY
- ACKNOWLEDGMENT OF REFUND POLICY
- ACKNOWLEDGMENT OF INTELLECTUAL PROPERTY
- ACKNOWLEDGMENT OF INDEMNIFICATION
- ACKNOWLEDGMENT OF LIMITATION OF LIABILITY
- ACKNOWLEDGMENT OF GOVERNING LAW
- ACKNOWLEDGMENT OF ENTIRE AGREEMENT
1. TERMS AND CONDITIONS OVERVIEW
READ THE FOLLOWING COMPLETELY AND CAREFULLY BEFORE YOU ACCESS OR USE TECHNICALTRADERINSTITUTE.COM (the “Site”), ON WHICH THESE TERMS AND CONDITIONS ARE PUBLISHED. BY CONTINUING USE OF THE SITE, YOU ACKNOWLEDGE THAT YOU ARE 18 YEARS OF AGE OR OLDER, HAVE THE RIGHT, AUTHORITY AND CAPACITY TO ENTER INTO THIS AGREEMENT, OR YOU ARE OF THE LEGAL AGE REQUIRED TO FORM A BINDING CONTRACT IN YOUR JURISDICTION IF THAT AGE IS GREATER THAN 18 AND YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THIS AGREEMENT.
IN USING ANY PORTION OF TECHNICAL TRADER INSTITUTE RESOURCES (SITE, MATERIALS, VIDEOS, OR SCRIPTS), YOU AGREE TO THESE TERMS & CONDITIONS GOVERNING THE USE OF THE SERVICE. THE AGREEMENT GOVERNS THE RELATIONSHIP BETWEEN YOU AND SINGLE SOLUTIONS GROUP, LLC (THE “COMPANY”), WHO PUBLISHES AND PRODUCES THE SITE TECHNICALTRADERINSTITUTE.COM (THE “SITE”). ALL SUPPLEMENTAL TERMS AND RULES ISSUED BY THE COMPANY THAT APPLY TO THE USE OF THE SITE, INCLUDING THOSE REGARDING PRIVACY AND ADDITIONAL DISCLAIMERS, FORM AN INTEGRAL PART OF THIS AGREEMENT AND ARE INCORPORATED HEREIN BY THIS REFERENCE. THESE TERMS & CONDITIONS ARE SUBJECT TO CHANGE WITHOUT NOTICE.
ALL EDUCATION PROGRAMS, DOWNLOADABLE SOFTWARE AND SCRIPTS ARE GOVERNED BY THIS AGREEMENT. THE TERMS AND CONDITIONS OF THIS AGREEMENT GOVERN THE USE OF THE SCRIPTS, SOFTWARE AND SUBSCRIPTION SERVICE. PLEASE REVIEW THESE TERMS AND CONDITIONS CAREFULLY BEFORE DOWNLOADING, INSTALLING OR USING ANY PART OR PORTION OF THE SOFTWARE, SCRIPTS OR SUBSCRIPTION SERVICE. FOR GOOD AND VALUABLE CONSIDERATION, THE RECEIPT AND SUFFICIENCY OF WHICH IS HEREBY ACKNOWLEDGED, YOU AGREE TO THE FOLLOWING TERMS AND CONDITIONS:
You understand and agree that the Site is provided by Company and may be terminated or otherwise discontinued by Company at its discretion pursuant to this Agreement.
By accepting this Agreement, you agree that you will not:
Monitor, harvest, collect or attempt to obtain passwords or other Account information from or about other users of the Site, disclose your, or another person’s personally identifiable information; 2. Impersonate another person, attempt to mislead others by indicating that you represent the Company, any of its partners, affiliates, or related companies, or express or imply that any statements that you make or actions you take are endorsed by Company; 3. Download or copy any content, paid or free, except as may occur through the normal caching function of your browser and except to print and retain a copy for your own personal, non-commercial use; 4. Reproduce, republish, upload, post, transmit, modify, distribute or publicly display any of the content except as expressly authorized in this Agreement; 5. Outside the Site, sell, advertise or post information granted to you through the Site by setting up an Account and paying your membership fee;
2. ACKNOWLEDGMENT OF NO FINANCIAL ADVICE OR RECOMMENDATIONS
All components of the Site may refer to trading and investing concepts or strategies but do not guarantee results from the concepts provided. The Company makes no representations or warranties, guarantees or promises of results. All information on the Site or any and all materials, scripts, and videos are educational in nature and designed to inform, educate, and contribute to your overall understanding of various types of technical analysis. Company is not a Financial Advisor, Securities Broker-Dealer or Registered Analyst. Any and all participants acknowledge that individual performance in trading and investing is depending upon each individual’s skills, preparation, experience and market performance. You acknowledge that you, the user, are solely responsible for any losses, financial or otherwise, as a result of using this Site. Company cannot and does not assess, verify or guarantee the adequacy, accuracy or completeness of any information, the suitability or profitability of any particular investment, or the potential value of any investment or informational source. You are responsible for conducting your own investment research and decisions. Company in no way warrants the solvency, financial condition, or investment advisability of any of the securities mentioned on the Site or any linked site. Any and all education material, scripts, scans, software, and programs provided by the Company are for educational purposes only and should not be construed as a guarantee of trading and/or investing results. Each participant should seek advice from registered financial advisors prior to investing or trading any security or other financial instruments. All participants who use the education programs, scripts, and scans are encouraged to speak to a licenced representative of their choice regarding the appropriateness of investing, trading, or participating in any investment strategy. No information contained on the Site is intended as securities brokerage, investment, tax, accounting or legal advice, as an offer or solicitation of an offer to sell or buy, or as an endorsement, recommendation or sponsorship of any company, security or fund.
U.S. Government Required Disclaimer: Commodity Futures Trading Commission.
Futures, options, stocks,ETF’s trading has large potential rewards, but also large potential risk. You must be aware of the risks and be willing to accept them in order to invest in the futures and options markets. Don’t trade with money you can’t afford to lose. This Site is neither a solicitation nor an offer to Buy/Sell futures, stocks, ETF’s or options. This Site is intended for education purposes only. The Company is not a registered investment adviser(s) and in no way associated with any FINRA broker dealer. The past performance of any trading system or methodology is not necessarily indicative of future results.
In addition, all investors and participants should review, understand, and reference the Characteristics and Risks of Standardized Options (see The OCC site at https://www.theocc.com/about/publications/character-risks.jsp).
You should view our additional Disclaimers before continuing to use the Site. By accessing the Site you acknowledge and agree to the Disclaimers.
3. ACKNOWLEDGEMENT OF NO WARRANTY
Company provides the Site on a commercially reasonable basis and does not guarantee that you will be able to access or use the Site at times or locations of your choosing, or that Company will have adequate capacity for the service as a whole or in any specific geographical location.
To the fullest extent permitted by law, the Site is provided on an “as is” and “as available” basis, for use at your own risk. To the fullest extent permitted by law, Company disclaims all warranties, representations and conditions, either express or implied, including without limitation implied warranties of merchantability, non-infringement or fitness for a particular purpose, in connection with the Site or Content with which it is linked. Company does not warrant that the Site will be uninterrupted or secure, that it will be available at any particular time, free of inaccuracies, errors, omissions, viruses or other harmful components, or will be corrected if found to be defective. We reserve the right to modify and/or discontinue the Site, or access thereto, at any time without notice. To the extent that you communicate with Company representative through any source, the statements and promises made or actions taken by them shall not limit or otherwise modify the terms of this disclaimer and/or this Agreement and this disclaimer and this Agreement apply to any information provided to you through such sources.
Company does not warrant that the Site or the servers that make the Site available will work with any particular hardware or software systems or configurations.
Some jurisdictions may not allow disclaimers of implied warranties and the above disclaimers may not apply to you to the extent prohibited.
Company shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of Company, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond Company’s control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, network infrastructure failures, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.
4. ACKNOWLEDGMENT OF REFUND POLICY
There are NO REFUNDS for Education Packages, Seminars, or Software purchased through the Site. Software includes ThinkOrSwim (TOS) platform indicators, scripts, windows, scans and other software that may be offered by the Company. Customers who purchase Education Packages or Seminars are provided with a link of the recording and any materials, if applicable, following the seminar. All products sold are NON-REFUNDABLE because of the nature of the product (digital).
Coupons are offered at the discretion of Company and may be granted, refused or adjusted at any time, with or without warning. Sometimes offers and discounts are made after you have purchased an Education Package, Seminar, or Software. It is within Company’s sole discretion to offer a coupon for the difference between your purchase price and the discounted price.
6. ACKNOWLEDGMENT OF INTELLECTUAL PROPERTY
All content offered by Company on the Site, including, but not limited to, the free materials and content, Membership materials and content, seminars, software, any resources you receive through a representative of Company, and all logos, slogans, and taglines (collectively and individually, the “Content”), are protected by trademark and copyright laws.
You may not modify, publish, transmit, transfer, sell, reproduce, upload, post, perform, display, create derivative works from, or in any way exploit such Content or distribute it in any way to any other computer, server, website or other medium for publication or distribution or for any commercial purpose, except as Company expressly permits in this Agreement. Making unauthorized copies of the Content may result in the termination of your Account, prohibition to use the Site, and further legal action.
7. ACKNOWLEDGMENT OF INDEMNIFICATION
You agree to indemnify, defend and hold Company, its subsidiaries, affiliates, officers and employees harmless from any claim or demand, including reasonable attorneys’ and experts’ fees and costs, arising out of your use of this Site, including information made available to you through this Site or the violation of this Agreement, including any breach of your covenants or agreements hereunder. In addition, you agree to indemnify, defend and hold Company, its subsidiaries, affiliates, officers and employees harmless for any act resulting directly or indirectly from this Site, its data, content, materials, associated pages and documents.
8. ACKNOWLEDGMENT OF LIMITATION OF LIABILITY
You expressly understand and agree that, to the full extent permitted by applicable law, Company is not liable for damages, losses and expenses of whatever nature and however arising, including without limitation direct or indirect, special, incidental, consequential, exemplary or punitive damages, losses or expenses, including but not limited to, damages for loss of profits, loss of investments, goodwill, use, data or other intangible loss, arising in connection with this Site or use thereof or inability to use by any party, or in connection with any failure or performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line of system failure, even if the Company or its representatives are advised of the possibility of such damages, losses or expenses. Access hyperlinks to or from other internet resources at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements; the content, accuracy, opinions expressed and other links provided by these resources are not endorsed by Company. This limitation of liability applies whether the alleged liability is based on contract, negligence, tort, strict liability or any other basis. Your sole remedy for dissatisfaction with the Site and information on the Site is to stop using the Site.
In the event that the foregoing disclaimer of liability is held to be invalid or unenforceable, you agree that the maximum cumulative aggregate liability of the Company to you for all damages, losses, and causes of action (whether in contract, tort (including, without limitation, negligence and strict liability), or otherwise) at any time shall be the lesser of $100 or the aggregate cumulative amount paid by you to Company up to and including the time of the incurrence of such liability, if any, to access the Site. You agree that any cause of action arising out of or related to the Site must commence within one (1) year after the cause of action accrues or the cause of action is permanently barred.
9. ACKNOWLEDGMENT OF GOVERNING LAW
Company administers and operates the Site from Plano, Texas. This Agreement is governed by and construed in accordance with the laws of the State of Texas, without reference to its choice of law principles. The venue for any dispute will be Plano, Texas. THE PARTIES EACH IRREVOCABLY WAIVE THEIR RIGHT TO TRIAL BY JURY IN ANY ACTION ARISING FROM OR RELATING TO THIS AGREEMENT.
10. ENTIRE AGREEMENT
This Agreement (including all agreements and policies referenced herein) constitutes the entire agreement between you and Company with regard to your use of the Site, and any and all other written or oral agreements or understandings previously existing between you and Company with respect to such use are hereby superseded and cancelled. Company will not accept any counter-offers to this Agreement, and all such offers are hereby categorically rejected. Your use of the Site is not intended and shall not be deemed to create any agency, joint venture or other legal relationship of any kind between you and Company other than that of independent contractors. This Agreement may not be assigned by you.
Company’s failure to insist on or enforce strict performance of this Agreement shall not be construed as a waiver by Company of any provision or any right it has to enforce this Agreement, nor shall any course of conduct between Company and you or any other party be deemed to modify any provision of this Agreement. This Agreement shall not be interpreted or construed to confer any rights or remedies on any third parties.
If any provision of this Agreement is found to be illegal, void or unenforceable, then: (i) such provision (or portion thereof as applicable) will be deemed to be restated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law, and (ii) the remaining terms, provisions, covenants and restrictions of this Agreement will remain in full force and effect. Notwithstanding the foregoing, if any provision of this Agreement which is held null, void or otherwise ineffective or invalid by a court of competent jurisdiction cannot be restated by such court to reflect as nearly as possible the original intentions of the parties, then that provision shall be deemed severable from this Agreement.