This subscription agreement (“Agreement”) is made by and between Trade Academy and you (“Subscriber”). Subscriber must accept this Agreement in its entirety as a condition to receiving the subscribed for Service (as defined below). As of the date you subscribe for and enroll in the Service, the parties agree as follows:
The term “Service” means the subscription service provided by Trade Agency for which Subscriber has subscribed. The Service also includes all corresponding services, access, offers, or products that apply to that particular subscription.
Subscriber agrees to pay the subscription fee for the Service, which will be billed at the listed price currently in effect or at a previously approved and agreed upon pricing. Subscriber agrees to take all necessary steps to authorize monthly credit card payments or a Trade Academy approved alternative payment method in consideration for the Service.
The information distributed through the Service or contained in Trade Academy’s website is provided for the convenience and sole use of its subscribers, and is furnished without responsibility for its accuracy. Trade Academy is not responsible for any loss or damage that could or may result from any information made available to Subscriber or relied upon by Subscriber that may prove to be inaccurate or deficient.
Trade Academy, its principals, officers, and employees are not registered as investment advisers or commodity trading advisors. Any performance data appearing in the materials provided to you or accessed by you pursuant to the Service may be presented as (a) historical data or (b) real-time data. Any such data may change at any time without warning due to a number of factors including, without limitation, to the updating of market data used to calculate system signals, upgrades or changes to the system code, changes to the minimum investment amount, commissions, or slippage estimates.
Gains or losses experienced by investors will vary depending on many factors, including, without limitation, timely order entry, execution, market forces, whether or not all trading alerts are utilized in the specified system, the duration of trades, money management, and risk techniques. Given these factors:
NO REPRESENTATION IS BEING MADE THAT ANY ACCOUNT WILL OR IS LIKELY TO ACHIEVE PARTICULAR OUTCOMES, ACHIEVE EARNINGS OR RESULT IN SPECIFIC PROFITS OR LOSSES. TRADE ACADEMY CANNOT ACCOUNT FOR EVERY IMPACT OR ASPECT OF FINANCIAL RISK OF ACTUAL TRADING.
Trading involves a substantial risk of loss that may lead to a loss of some or all of your money and is not appropriate for everyone. Subscriber should consider his or her financial condition before trading, including consulting with a financial advisor, and should only trade with risk capital or money he or she can afford to lose. Trade Academy has no financial interest in the outcome of any trade by Subscriber.
While there is a potential for reward when trading financial products including, without limitation, futures, options on futures, equities and equity options, there is also substantial risk of loss associated with trading. Past performance is not indicative of future trading results. Trading results can never be guaranteed. Day trading is high-risk and speculative in nature, and is not suitable for most people.
Third-Party Services and Links
Trade Academy may offer access to or contain links to third-party websites and services (collectively, “third-party services”) that are developed, owned, and operated by unaffiliated third-parties that can be utilized to research, buy, or sell financial products. Trade Academy disclaims any responsibility for such third-party services provided to or utilized by Subscriber. Subscriber’s use or access of third-party services is at Subscriber’s own risk. Any reference to any third-party service by Trade Academy is not an expressed or implied endorsement by Trade Academy. Subscriber agrees that Trade Academy shall not be liable for such third-party services and to hold Trade Academy harmless in any dispute or claim whatsoever that Subscriber may have related to or concerning such third-party services.
You acknowledge and agree that it is your responsibility to read and be informed about the terms and conditions and any other policies of such third parties as they relate to the subscription, products, services or information you request. Any questions related to such third-party services should be directed to the third-party service provider.
Disclaimer – For Educational and Information Purposes Only
Subscriber acknowledges that the Services are for educational purposes only and should not be construed as an invitation or investment advice to buy or sell any particular financial product including, without limitation futures, options on futures, equities or equity options. All of the Trade Academy-provided information and services including, without limitation, the Service are for educational use only.
Waiver and Limitation of Liability
Subscriber agrees that access to and use of information contained in the Service is at Subscriber’s risk and Subscriber agrees that no claim shall be alleged or asserted against Trade Academy or anyone affiliated therewith based on any allegation or contention that any of the information was deficient, misleading, or inaccurate. Subscriber assumes full liability for all trading risks and losses related to the use of any information or service.
THE SERVICE AND ALL INFORMATION, SOFTWARE, CONTENT, AND/OR PRODUCTS AVAILABLE FROM TRADE ACADEMY ARE PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS, WITH NO WARRANTIES OF ANY KIND. TRADE ACADEMY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED (INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE), ALL OF WHICH ARE EXPRESSLY DISCLAIMED, SAVE TO THE EXTENT REQUIRED BY LAW. TRADE ACADEMY DISCLAIMS ANY WARRANTY THAT THE SERVICE WILL ALWAYS BE ACCESSIBLE OR OPERATIONAL, THAT THE INFORMATION PROVIDED IS ACCURATE, RELIABLE OR CORRECT, AND THAT ANY ERRORS WILL BE CORRECTED.
YOUR ONLY REMEDY FOR DISSATISFACTION WITH THE SERVICE IS TO STOP USING THE SITE AND THE SERVICE OFFERED OR PROVIDED, AND TO CANCEL ANY SUBSCRIPTION. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
To the extent permitted by applicable law, the liability of Trade Academy and its principals, affiliates, employees, or officers arising under this Agreement is limited to direct damages up to the amount Subscriber paid for the Service giving rise to that liability during the prior twelve (12) months, not to exceed One Hundred United States Dollars ($100.00 USD). In the case of Trade Academy services or products that are provided free of charge, the combined liability of Trade Academy and its principals, affiliates, employees, or officers to Subscriber arising under this Agreement is limited to One Hundred United States Dollars ($100.00 USD). These limitations apply regardless of whether the liability is based on breach of contract, tort (including, without limitation, negligence), breach of warranties, strict liability, or any other legal theory.
To the extent permitted by applicable law, neither party will be liable for any indirect, consequential, special or incidental damages, or damages for lost profits or revenues, business interruption, or loss of business information arising in connection with this Agreement or the Service, even if such possibility was reasonably foreseeable. This exclusion does not apply to either party’s liability to the other for violation of its confidentiality obligations or intellectual property rights.
Cancelling Your Subscription
Subscriptions may be canceled at any time by either party. Subscriber can cancel his or her subscription to the Service by sending a request via email to support@TradeAcademy.com. When termination is requested by Subscriber, subscription fees are not refunded. The current subscription will continue to the end of the current billing cycle, and then become inactive and the account canceled. Cancellation of service is not official until subscriber receives an email confirmation from Trade Academy, and Subscriber should call and confirm cancellation. Subscription fees that Subscriber has paid prior to the cancellation will not be refunded, in whole or in part.
Trade Academy also has the right to cancel your subscription and terminate this Agreement if you fail to observe any provision of this Agreement. Trade Academy can cancel your subscription if authorized charges to your credit card (or, approved alternative payment method) are not honored or if Trade Academy is no longer authorized to charge your credit card (or, approved alternative payment method).
Payments and Processing You may submit your debit or credit card information (“Payment Information”) via the Trade Academy Site in order to purchase the Service. Trade Academy uses third party service providers, such as PayPal to process your payment information. If you submit Payment Information, you agree to pay all costs that you incur, and you give us permission to charge you when payment is due for an amount that includes any applicable taxes, fees, and charges to Trade Academy or one of our service providers. You further agree to be bound by and adhere to any and all rules and policies maintained by any such third party providers.
Duration of Agreement
This Agreement, including your authorization to Trade Academy and/or third-party payment processors to charge your credit card or, approved alternative payment method for any subscription fees will continue month-to-month until the subscription to the Service is cancelled.
Your Limited User License
In return for your compliance with this Agreement and payment of all applicable subscription fees, and subject to the restrictions noted herein, Trade Academy grants Subscriber a non-exclusive, non-transferable, and limited right to access and use of the Service. These rights are (a) non-perpetual and (b) conditional on your continued compliance with this Agreement. Trade Academy reserves all rights not expressly granted to you in this Agreement, including any rights by implication or otherwise.
Subscriber shall not copy, sell, license, modify, distribute, reproduce, transmit, publicly display, publicly perform, publish, adapt or edit any of the materials or content transmitted through the Service or any derivative works from or use of the Service, in whole or in part, without prior written consent by Trade Academy.
Subscriber agrees to indemnify, defend and hold harmless Trade Academy, its principals, affiliates, employees, officers, information providers, and suppliers from and against all claims, causes of action, suits, losses, expenses, damages and costs (including, without limitation, reasonable attorney’s fees) arising out of, in connection with or relating to any violation by you of this Agreement including, without limitation, claims, directly or indirectly, resulting from or attributable to Subscriber.
Subscriber is responsible for providing all personal computer and electronic equipment necessary to gain access to the Service. Access to and use of some of the products or web pages offered in accordance with the Service may be through the use of a combination of a username and password. Subscriber must keep such access information strictly confidential. Unauthorized access to the Service is a breach of this Agreement.
This Agreement and the limited license granted to you are personal to Subscriber, and may not be assigned or transferred to anyone else. You also agree that you will not allow anyone else to access the Service. You agree that you will be solely responsible for any liability arising from any third-party access to or use of the internet site that you permit or facilitate, negligently or otherwise.
This Agreement shall be governed by and construed in accordance with Illinois law, without regard to that state’s choice of law rules. You agree that your use of Service constitutes activity in Illinois and for the purpose of establishing minimum contacts in Illinois. You agree that any action commenced against Trade Academy shall be commenced and maintained solely in the federal or state courts located in Chicago, Illinois. You also agree to submit and consent to the personal jurisdiction and venue of any such court in the event Trade Academy commences an action against you.
If any term or provision of this Agreement is deemed by a court of competent jurisdiction to be void, invalid, unenforceable, or otherwise contrary to law, the remainder of this Agreement that can be given effect without such term or provision shall be given full effect.
Any failure by Trade Academy to enforce strict performance of any provision of this Agreement will not constitute a waiver of its right subsequently to enforce such provision or any other provision of this Agreement.
Trade Academy may modify this Agreement or the Service by providing notice of the modification via email to Subscriber. The modification will become effective at the end of the monthly payment cycle in which the notice is sent or seven (7) calendar days after the notice is deemed received, whichever is longer. Subscriber’s continued use of the Service shall be conclusively deemed acceptance of all such modification(s).
Entire Agreement and Force Majeure
Neither party will be liable for any failure in performance due to causes beyond either party’s reasonable control including, without limitation, fire, explosion, power blackout, earthquake, cyber terrorism, severe storms, flooding, earthquake, strike, embargo, labor disputes, acts of God, acts or omissions of internet traffic carriers, acts or omissions of regulatory or governmental bodies, and war; however, this section does not apply to your payment obligations under this Agreement.
Any notices and requests made to Trade Academy in connection with this Agreement, must be made by mail to the address below or by email to support@TradeAcademy.com. Any notice of cancellation of the Service must be made by e-mail to support@TradeAcademy.com. Any notice or request will be deemed received one (1) business day after receipt by Trade Academy.
1120 West Adams Street #6W
Chicago, IL 60607
Trade Academy may provide you with information, notices, or service communications by email to the address you provided when you subscribed for the Service or as updated by Subscriber or through the Trade Academy website. Notice by email is deemed received as of the transmission date, unless Trade Academy receives a response message indicating that the email was not successfully delivered.