THIS AGREEMENT DESCRIBES YOUR RIGHTS AND RESPONSIBILITIES.
PLEASE READ IT CAREFULLY.
A Traders Road, LLC, and atradersroad.com
TERMS OF SERVICE
Last revised: March 27, 2012
A Traders Road, LLC, (“we,” “us” or “A Traders Road, LLC”) provides the website known as atradersroad.com and other information, including email newsletters, subject to your compliance with the terms and conditions set forth in this Agreement. Collectively, your use of the website and other information, including video updates, recordings of any description, webinars or any other educational program transmitted in any form and/or email newsletters, shall be referred to as the “Services”.
By using the Services, you agree to be bound by these terms and conditions. If you do not agree to these terms and conditions, you may not use the Services.
You must be at least 18 years of age to use the Services. If you are not at least 18 years old, you may not access or use the Services.
This Agreement is made between A Traders Road, LLC and you, the subscriber of the Services (“you”). We reserve the right at any time to:
Change the terms and conditions of this Agreement;
Change the Services, including eliminating or discontinuing any content on or feature of any of the Services; or
Change any fees or charges for use of the Services.
Any changes we make will be effective three (3) days after notice of any change is provided to you, which may be done by any means including, without limitation, posting on the Services or via electronic mail. Your use of the Services after such notice will be deemed acceptance of such changes. Be sure to review this Agreement periodically to ensure familiarity with the most current version. Upon our request, you agree to sign a non-electronic version of this Agreement.
The Services provided are for general informational and/or educational purposes only. None of the Services is intended as 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. The Services should not be relied upon for purposes of transacting securities or other investments. We cannot and do not assess or guarantee the suitability or profitability of any particular investment, or the potential value of any investment or informational source. You bear responsibility for your own investment research and decisions, and should seek the advice of a qualified securities professional before making any investment.
Cancellation will take effect no later than 3 business days after we receive your notification.
There are no refunds on subscriptions unless otherwise specifically communicated to the subscriber and if such refunds are allowed they shall be subject to any and all terms and conditions for such refund. Any delinquent or unpaid amounts must be paid in full before you may re-subscribe.
Termination. This Agreement shall remain effective until terminated in accordance with its terms. A Traders Road, LLC, may terminate this Agreement, and/or your access to and use of the Services or any portion thereof, immediately, in the event we determine, in our sole discretion, that you have breached this Agreement. In addition, we reserve the right, upon 10 business days notice and the reimbursement of any whole months remaining on your subscription, to terminate this Agreement without cause.
Conflicts and Disclosure Policy. We do not permit any employee or member of A Traders Road, LLC, to hold positions in individual stocks, unless it is fully disclosed at the time a stock appears on any research published by A Traders Road, LLC.
Code of Conduct. While using the Services you agree not to:
Restrict or inhibit any subscriber from using the Services, including, without limitation, by means of “hacking” or “cracking” or defacing any portion of any of the Services; Use the Services for any unlawful purpose; Express or imply that any statements you make are endorsed by us, without our prior written consent; Transmit (a) any content or information that is unlawful, fraudulent, threatening, harassing, abusive, libelous, defamatory, obscene or otherwise objectionable, or infringes on our or any third party’s intellectual property or other rights; (b) any material, non-public information about companies without the authorization to do so; (c) any trade secret of any third party; or (d) any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities, or other unsolicited commercial communication (except as otherwise expressly permitted by us); Engage in spamming or flooding; Transmit any software or other materials that contain any virus, worm, time bomb, Trojan horse, or other harmful or disruptive component; Modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the Services; Remove any copyright, trademark, or other proprietary rights notices contained in the Services; “Frame”, “mirror” or link to any part of the Services without our prior written authorization; Use any robot, spider, Services search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of the Services or its content; Harvest or collect information about Services visitors or members without their express consent; copy, download or rebroadcast any videofiles and/or webinars made available as part of the Services or permit anyone else whose account or subscription was terminated to use any of the Services through your subscription, username or password.
While using the Services you agree to comply with all applicable laws, rules and regulations.
Submissions. Please note that, because we receive many emails and suggestions from our subscribers, and sometimes redistribute materials you give us, we need to obtain certain rights in those materials. By sending or transmitting to us creative suggestions, ideas, notes, concepts, information, or other materials (collectively, “Materials”), you grant us and our designees a worldwide, non-exclusive, sublicensable (through multiple tiers), assignable, royalty-free, perpetual, irrevocable right to use, reproduce, distribute (through multiple tiers), create derivative works of, publicly perform, publicly display, digitally perform, make, have made, sell, offer for sale and import such Materials in any media now known or hereafter developed, for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Materials. None of the Materials disclosed shall be subject to any obligation, whether of confidentiality, attribution, or otherwise, on our part and we shall not be liable for any use or disclosure of any Materials.
Services and Tools. Your use of certain Services may be governed by additional rules, which are available on atradersroad.com or by hyperlink from other Sites, in connection with the service. By using any service you are acknowledging that you have reviewed all corresponding rules and agree to be bound by them. Some of the services may have been provided by third parties for your use. You expressly acknowledge and agree that your use of all services is solely at your risk.
Claims of Copyright Infringement. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by atradersroad.com infringes your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice.
Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright/ for details. Notices and counter-notices with respect to the Services should be sent via electronic mail to email@example.com. We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA.
Ownership and Restrictions on Use. © 2012 A Traders Road, LLC, All Rights Reserved. The Services are owned and operated by us in conjunction with others pursuant to contractual arrangements. You may only access and use the materials on the Services, and download and/or print out only one copy of any materials on the Services, solely for your personal use. You may not republish, upload, post, transmit or distribute materials from the Services in any way, without our prior written permission. Modification of the materials or use of the materials for any other purpose is a violation of our copyright and other proprietary rights, and is strictly prohibited.
You acknowledge that you do not acquire any ownership rights by using the Services.
Atradersroad.com is a trademark and/or service mark of A Traders Road, LLC.
All other trademarks, service marks, and logos used by A Traders Road, LLC, are the trademarks, service marks, or logos of their respective owners.
Jurisdictional Issues. The Services are solely directed to individuals residing in the United States. We make no representation that materials in the Services are appropriate or available for use in other locations. Those who choose to access the Services from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent applicable. We reserve the right to limit the availability of the Services and/or the provision of any service or product described thereon to any person, geographic area, or jurisdiction we so desire, at any time and in our sole discretion, and to limit the quantities of any such service or product that we provide.
Links to Other Websites. Atradersroad.com may contain links to other Internet websites or resources. We neither control nor endorse such other websites, nor have we reviewed or approved any content that appears on such other websites. You acknowledge and agree that we shall not be held responsible for the legality, accuracy, or inappropriate nature of any content, advertising, products, services, or information located on or through any other websites, nor for any loss or damages caused or alleged to have been caused by the use of or reliance on any such content.
Disclaimers. THE SERVICES, THE MATERIALS PROVIDED BY THE SERVICES, AND ANY PRODUCT OR SERVICE OBTAINED OR ACCESSED THROUGH THE SERVICES ARE PROVIDED “AS IS” AND WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, A TRADERS ROAD, LLC, AND ITS SUPPLIERS, ADVERTISERS, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. Applicable law may not allow the exclusion of implied warranties, so the above exclusions may not apply to you. A TRADERS ROAD, LLC, AND ITS SUPPLIERS, AGENTS AND SPONSORS DO NOT WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR THE SERVER ON WHICH ATRADERSROAD.COM, AND ITS AFFILIATED SITES, ARE HOSTED ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR OBTAINING AND MAINTAINING ALL TELEPHONE, COMPUTER HARDWARE AND OTHER EQUIPMENT NEEDED TO ACCESS AND USE THE SERVICES, AND ALL CHARGES RELATED THERETO. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SERVICES AND YOUR RELIANCE THEREON. NO OPINION, ADVICE, OR STATEMENT OF A TRADERS ROAD, LLC, OR ITS SUPPLIERS, AGENTS, MEMBERS, VISITORS, OR SUBSCRIBERS WHETHER MADE THROUGH THE SERVICES OR OTHERWISE, SHALL CREATE ANY WARRANTY. YOUR USE OF THE SERVICES AND ANY MATERIALS PROVIDED BY THE SERVICES ARE ENTIRELY AT YOUR OWN RISK.
You acknowledge that the internet and email is not 100% reliable. You agree that the email service is provided as a convenience and that the primary source of the Services is the atradersroad.com website. You agree that it is your responsibility, if you do not receive any expected email communication, to check any spam filters or folders and to access any A Traders Road, LLC, information on the atradersroad.com website, www.atradersroad.com, and use your assigned username and password. A Traders Road, LLC, is not responsible for your failure to receive any specific email communication, access the website or view any videos published on the website.
1. Proprietary Information.
a. A Traders Road, LLC, has developed certain information, some of which it considers to be confidential and proprietary information not publicly announced or disclosed, that relates to Proprietary trading systems. A Traders Road, LLC, agrees to make a limited disclosure of this information to the subscriber solely for the purpose of betterment of the subscriber’s personal trading. The subscriber understands that this is in no way to be construed to be a guarantee of increased gains with regard to any investment. The risk associated with investing in any security is inherent.
b. A Traders Road, LLC, may provide Proprietary Information in writing or orally during discussions. All Proprietary Information shall be identified as confidential when disclosed. If Proprietary Information is provided orally, A Traders Road, LLC, will confirm the confidential nature of such information in writing or other tangible medium of expression within thirty (30) days after disclosure. The subscriber will receive and use such Proprietary Information solely for betterment of the subscriber’s own personal trading and/or investing.
c. During and for a period of 10 years from the date of disclosure, the subscriber will treat such Proprietary Information received from the A Traders Road, LLC, as confidential and not disclose such Proprietary Information to others unless written consent is otherwise granted by A Traders Road, LLC.
d. Nothing contained herein shall in any way restrict or impair the subscriber’s right to use or disclose the Company’s Proprietary Information which:
i. at the time of disclosure is generally available to the public, or thereafter becomes generally available to the public through no breach of this Agreement by the subscriber; or
ii. was in the subscriber’s possession prior to the time of disclosure and was not from the disclosing party; or
iii. is independently developed by the subscriber without the use of Proprietary Information of the disclosing party; or
iv. is received by the subscriber from a third party without knowledge of origination in disclosing party or an obligation of confidence; or
v. is required to be disclosed by law or court order.
The Party seeking to establish such an exception has the burden of proving it with written documentation.
A. Access to all Proprietary Information shall be restricted to the individual subscriber.
B. Reasonable care shall be taken by the subscriber to protect the Proprietary Information.
Limitation of Rights:
a. Nothing herein shall be construed to grant to the subscriber any rights under any intellectual property, including, but not limited to, patents, trademarks, copyrights, or other proprietary information in respect of the Proprietary Information.
b. No furnishing of Proprietary Information and no obligation hereunder shall obligate either party to enter into any further Agreement or negotiation with the other, or to refrain from entering into an agreement or negotiation with any other party which does not breach any of its obligations under this Agreement.
a. This Agreement shall remain in effect for a period of 10 years from the date of full execution hereof unless earlier terminated by mutual agreement of the parties in writing.
b. All copies, regardless of the medium, evidencing any and all disclosed Proprietary Information shall be returned by the subscriber to the Company upon written request by the Company.
Continuation of Confidential Obligations:
The obligations of Paragraphs 1-4, except as otherwise provided in Paragraphs 1.c and 1.d, shall remain in effect and bind the heirs, successors, assignees, and legal representatives of each party to this Agreement for a period of ten (10) years after the expiration or termination of this Agreement.
ALL ABOVE PROPRIETARY INFORMATION RESTRICTIONS ALSO APPLY TO ANY INDIVIDUAL, FIRM, PRINCIPAL, AGENT, MASTER, SERVANT OR ANY OTHER LEGALLY RECOGNIZABLE ENTITY THAT RECEIVES SUCH PROPRIETARY INFORMATION WITHOUT LICENSE. BREACH OF THE THESE TERMS IS SUBJECT TO LIQUIDATED DAMAGES WHICH RANGE FROM $10,000.00 TO $50,000.00 (U.S.D.) OR MORE DEPENDING UPON THE BREACH. THESE AMOUNTS ARE DISCUSSED IN THE LICENSING AGREEMENT MORE SPECIFICALLY. IT IS YOUR RESPONSIBILITY TO REVIEW SAME AND UNDERSTAND THAT BY ACCEPTING AND USING SUCH PROPRIETARY INFORMATION YOU ARE BOUND TO THESE LIQUIDATED DAMAGES AMOUNTS.
Limitation of Liability. NEITHER A TRADERS ROAD, LLC, NOR ITS SUPPLIERS, ADVERTISERS, AFFILIATES, OR AGENTS OR SPONSORS ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SERVICES AND/OR CONTENT CONTAINED ON THE SERVICES, OR ANY PRODUCT OR SERVICE PURCHASED THROUGH THE SERVICES.
YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICES AND/OR CONTENT CONTAINED WITHIN THE SERVICES IS TO STOP USING THE SERVICES. THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO A TRADERS ROAD, LLC, FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE) SHALL BE THE TOTAL AMOUNT PAID BY YOU, IF ANY, TO ACCESS THE SERVICES.
Indemnification. You agree to indemnify, defend and hold us, our members, directors, employees, agents and representatives harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys’ fees), or other expenses that arise directly or indirectly out of or from (a) your breach of this Agreement, including any violation of the Code of Conduct above; (b) any allegation that any materials that you submit to us or transmit to the Services infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; and/or (c) your activities in connection with the Services.
Arbitration. Any controversy or claim arising out of or relating to this contract, or the breach thereof, the content of the Services or the use of any information obtained from A Traders Road, LLC, regardless of the medium of transmission, shall be settled by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, in front of one arbitrator, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Any such arbitration shall take place in Jefferson County, Alabama.
Miscellaneous. This Agreement is governed by and construed in accordance with the laws of the State of Alabama, United States of America, without regards to its principles of conflicts of law. You agree to the personal jurisdiction of the federal and state courts located in Jefferson County, Alabama, United States of America, and waive any jurisdictional, venue, or inconvenient forum objections to such courts. If any provision of this Agreement is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. This Agreement is not assignable, transferable or sub-licensable by you except with our prior written consent.
No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained in this Agreement is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof. This, together with all A Traders Road, LLC, policies referred to herein, constitutes the entire Agreement between us relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral Agreements between us.
The U.S. Securities and Exchange Commission (SEC) requires the following legal notices:
A Traders Road, LLC, is the publisher of the ATR Model, ATR Newsletter, Building Blocks, THE HUB and other programs and applications. A Traders Road, LLC, provides an impersonal service, and therefore, no consideration can or is made toward your financial circumstances. All material presented within any educational program (henceforth referred to as “this website”) is not to be regarded as investment advice, but for general informational and/or educational purposes only. Trading stocks does involve risk, so caution must always be utilized. We cannot guarantee profits or freedom from loss. You assume the entire cost and risk of any trading you choose to undertake. You are solely responsible for making your own investment decisions. A Traders Road, LLC, is a publisher, and neither A Traders Road, LLC, nor its owners, its representatives, its principals, its moderators, agents and/or its members, are registered as securities broker-dealers or investment advisors either with the U.S. Securities and Exchange Commission or with any state securities regulatory authority. We strongly recommend consulting with a registered investment advisor, broker-dealer, and/or financial advisor. If you choose to invest with or without seeking advice from such an advisor or entity, then any consequences resulting from your investments are your sole responsibility.
All information posted is believed to come from reliable sources. A Traders Road, LLC, does not warrant the accuracy, correctness, or completeness of information available from its service and therefore will not be liable for any loss incurred. Due to the electronic nature of the Internet, this website, or its distribution services could fail at any given time. A Traders Road, LLC, will not be responsible for unavailability of use of its website, due to Internet bandwidth problems, equipment failure, or acts of God.
There is no guarantee past performance will be indicative of future results. No assurance can be given that the recommendations of A Traders Road, LLC, will be profitable or will not be subject to losses. Remember to always manage your money like it is a business.
The results listed at this website are based on hypothetical trades. Plainly speaking, these trades were not actually executed. Hypothetical or simulated performance results have certain inherent limitations. Unlike an actual performance record, simulated trades do not represent actual trading. Also, since the trades have not actually been executed, the results may have over or under compensated for the impact, if any, of certain market factors such as lack of liquidity. You may have done better or worse than the results portrayed. No representation is being made that any account will or is likely to achieve profits or losses similar to those shown.
No independent party has audited the hypothetical performance contained at this website, nor has any independent party undertaken to confirm that they reflect the trading method under the assumptions or conditions specified hereafter. While the results presented at this website are based upon certain assumptions believed to reflect actual trading conditions, these assumptions may not include all variables that will affect, or have in the past affected, the execution of trades indicated by A Traders Road, LLC.
The hypothetical results on this website are based on the assumption that a) the simulation assumes that prices are not influenced by the trades of A Traders Road, LLC, its owners, or its representatives, regardless of the number of shares executed; b) the simulation assumes purchase and sale prices believed to be attainable. In actual trading, prices received may or may not be the same as the assumed order prices.
U.S. Government Required Disclaimer – Stock 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 stock markets. Don’t trade with money you can’t afford to lose. This website is neither a solicitation nor an offer to Buy/Sell stocks. No representation is being made that any account will or is likely to achieve profits or losses similar to those discussed on this website. The past performance of any trading system or methodology is not necessarily indicative of future results.
Some materials relating to our services and/or products may include forward-looking statements as contemplated by the safe harbor provisions of the Private Securities Litigation Reform Act of 1995, as amended. You may identify forward-looking statements by words such as “expects”, “anticipate”, “plan”, “believe”, “scheduled”, “estimate and variations of these words and similar expressions. Forward-looking statements are not predictions or guarantees of future performance, and they involve certain uncertainties and risks that are difficult to predict, some of which are listed and discussed above. Accordingly, you should assume that the results of these statements are NOT typical. Actual future results may differ from these statements. We do not undertake any obligation to update or publicly release any revisions to forward-looking statements.
Legal Notices. Under California Civil Code Section 1789.3, California residents are entitled to the following specific consumer rights information:
Pricing Information: Current rates for our Services may be obtained via electronic mail at firstname.lastname@example.org. We reserve the right to change fees, surcharges, monthly or other periodic subscription fees or to institute new fees at any time as provided in this Agreement. However, any future price increases will NEVER affect your current subscription rate.
A Traders Road, LLC, strongly recommend that you consult with a licensed financial professional before using any information provided on this website. Any market data or commentary used here is for illustrative, educational, and creative expression purposes only. Although it may provide information relating to investment ideas and the buying or selling of securities, options or futures, you should not construe anything on this training website as legal, tax, investment, financial or any other type of advice. Nothing contained on this website constitutes a solicitation, recommendation, promotion, endorsement, push or offer to buy or sell any security by anyone involved with this research. Examples presented on Company’s website are for educational purposes only. Such set-ups are not solicitations of any order to buy or sell. Accordingly, you should not rely solely on the Information in making any investment. Rather, you should use the Information only as a starting point for doing additional independent research in order to allow you to form your own opinion regarding investments. You should always check with your licensed financial advisor and tax advisor to determine the suitability of any investment.