Trade Academy, LLC Terms of Use


Last Updated: February 12, 2017

Please read these Terms of Use carefully before using the services offered by Trade Academy, LLC (“Trade Academy”). These Terms of Use set forth the legally binding terms and conditions for your use of the website at tradeacademy.co (individually the “Site”), as well as any other services, features, or content offered by Trade Academy (the Site, and all other services, features, or content are collectively referred to herein as the “Services”). You should also read the Trade Academy Privacy Policy, which is incorporated by reference into these Terms of Use. If you do not accept and agree to be bound by these Terms of Use, including the Trade Academy Privacy Policy, do not use the Services. Please contact us with any questions regarding these Terms of Use.

Acceptance of Terms of Use Agreement

By registering for and/or using the Services in any manner, including, but not limited to, visiting, accessing, or browsing the Site, you agree to all of the terms and conditions contained herein (“Terms of Use”) whether or not you create a Trade Academy account or subscribe for or to any Trade Academy content. Note that these Terms of Use also incorporate Trade Academy’s Privacy Policy and all other operating rules, policies and procedures that may be published from time to time on the Site by Trade Academy, each of which is incorporated by reference and each of which may be updated by Trade Academy from time to time without notice to you in accordance with the terms set out under the “Modification of Terms of Use” section below.

In addition, some Services may be subject to additional terms and conditions specified by Trade Academy from time to time; your use of such Services is subject to those additional terms and conditions, which are incorporated into these Terms of Use by this reference. These Terms of Use apply to all users of the Services, including, without limitation, users who are contributors of content, information, and other materials or Services on the Site.

All Services and Content Are Provided for Educational and Information Purposes Only and Are Not Intended as Legal or Financial Advice.

The information and content provided in or through these Services is for educational and informational purposes only. By accessing and/or using the Services you acknowledge that the Services are not intended to be a substitute for legal, investment, or financial advice that can be provided by an attorney, accountant, and/or financial advisor. You further acknowledge that you should not rely solely on the Services in making any investment or financial decision, and should always check with your financial advisor and tax advisor to determine the suitability of any investment.

All information provided in or through these Services is strictly informational and is not to be construed as advocating, promoting or advertising registered or unregistered investments of any kind whatsoever. The information is provided “as-is” and is not guaranteed to be correct, complete, or current. Trade Academy does not guarantee that you will attain a particular result, outcome, or earnings, and you accept and understand that each individual’s results will vary and depend on numerous factors.

Trade Academy is not an investment advisor and is not registered with the U.S. Securities and Exchange Commission (“SEC”) or the Financial Industry Regulatory Authority (“FINRA”). Further, owners, employees, agents or representatives of Trade Academy are not acting as investment advisors and might not be registered with the SEC or FINRA.

Registration and Eligibility

No part of the Services are intended for, directed to, or available to individuals under the age of 13 years old. You represent and warrant that if you are an individual, you are of legal age to form a binding contract, or that if you are registering on behalf of an entity, that you are authorized to enter into, and bind the entity to, these Terms of Use and register for the Services.

You may browse the Site and view Content without registering, but as a condition to using certain aspects of the Services, you are required to register and sign in to Trade Academy. If you choose to do so, you authorize us to access and use certain information (including, but not limited to, a user name (“User Name”), e-mail address and/or mobile telephone number and a password you will use to access the Services) and that you will keep your registration information accurate and up-to-date.

You shall not:

• create any account for anyone other than yourself without such person’s permission;

• assist anyone under the age of 18 in the creation of an account;

• use a User Name that is the name of another person with the intent to impersonate that person or to hide your identity;

• use a User Name or Trade Academy account that is subject to any rights of a person other than you without appropriate authorization; or

• use a User Name that is a name that is otherwise offensive, vulgar or obscene or otherwise unlawful.

Trade Academy reserves the right to refuse registration of, or cancel a User Name or account in its sole and absolute discretion. You are solely responsible and liable for activity that occurs on your account and shall be responsible for maintaining the confidentiality of your Trade Academy password and account information. You will immediately notify Trade Academy in writing of any unauthorized use of your account, or other account related security breach of which you are aware.

If you use a mobile device, please be aware that your carrier’s normal rates and fees, such as text messaging and data charges, will still apply. In the event you change or deactivate your mobile telephone number, you agree that you will update your account information on the Services within 48 hours to ensure that Content is not sent to the person who acquires your old number.

Content

You acknowledge that all Content accessed by you using the Services is at your own risk and that you will be solely responsible and liable for any damage or loss to you or any other party resulting therefrom. For purposes of these Terms of Use, the term “Content” includes, without limitation, videos, audio clips, comments, information, data, text, photographs, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible by Trade Academy on or through the Services. Content added, created, uploaded, submitted, distributed, posted or otherwise obtained through the Services by users, including Content that is added to the Services in connection with users linking their accounts to third party websites and Services, is collectively referred to as “User Submissions.”

User Submissions

We may use your User Submissions in a number of different ways, subject to the terms of our Privacy Policy, in connection with the Site, Services and Trade Academy’s business as Trade Academy may determine in its sole and absolute discretion, including but not limited to, publicly displaying it, reformatting it, incorporating it into marketing materials, advertisements and other works, creating derivative works from it, promoting it, distributing it, and allowing other users to do the same in connection with their own websites, media platforms, and applications (“Third Party Media”). By submitting User Submissions you hereby do and shall grant Trade Academy a worldwide, non-exclusive, royalty-free, fully paid, sublicensable and transferable license to use, copy, edit, modify, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the User Submissions in connection with the Site, the Services and Trade Academy’s (and its successors and assigns’) business, including, without limitation, for promoting and redistributing part or all of the Site (and derivative works thereof) or the Services in any media formats and through any media channels (including, without limitation, third party websites and feeds).

You represent and warrant that you have all rights to grant such license to us without infringement or violation of any third party rights, including, without limitation, any privacy rights, publicity rights, copyrights, contract rights, or any other intellectual property or proprietary rights.

When you delete your User Submissions, they will be removed from the Services. However, you understand that any removed User Submissions may persist in backup copies for a reasonable period of time (but following removal will not be shared with others), or may remain with users who have previously accessed or downloaded your User Submissions. Trade Academy may also retain User Submissions to be used in the aggregate for analytical purposes, and to help Trade Academy improve the experiences of all of its users.

Rules and Conduct

As a condition of use, you promise not to use the Services for any purpose that is prohibited by these Terms of Use. You are responsible for all of your activity in connection with the Services. Additionally, you shall abide by all applicable local, state, national and international laws and regulations and, if you represent a business, any advertising, marketing, privacy, or other self-regulatory code(s) applicable to your industry.

By way of example, and not as a limitation, you shall not (and shall not permit any third party to) either (a) take any action or (b) upload, download, post, submit or otherwise distribute or facilitate distribution of any Content on or through the Services, including, without limitation, any User Submission, that:

• infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity;

• you know is false, misleading, untruthful or inaccurate;

• is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, obscene, or is otherwise inappropriate as determined by Trade Academy in its sole and absolute discretion;

• constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (“spamming”);

• involves commercial activities such as contests, sweepstakes, barter, advertising, or pyramid schemes (whether or not for profit) and/or sales without Trade Academy’s prior written consent;

• contains software viruses or any other computer codes, files, worms, logic bombs or programs that are designed or intended to disrupt, disable, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of Trade Academy or any third party;

• impersonates any person or entity, including any officer, director, employee or representative of Trade Academy;

• includes anyone’s identification documents or sensitive financial information; or

• breaches the Privacy Policy and/or any of the other policies and rules incorporated herein.

You shall not (directly or indirectly):

• take any action that imposes or may impose (as determined by Trade Academy in its sole and absolute discretion) an unreasonable or disproportionately large load on Trade Academy’s (or its third party providers’) infrastructure;

• interfere or attempt to interfere with the proper working of the Services or any activities conducted on the Services;

• bypass any measures Trade Academy may use to prevent or restrict access to the Services;

• run any form of auto-responder or “spam” on the Services;

• use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Site;

• harvest or scrape any Content from the Services;

• modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, republish, repurpose, sell, trade, or in any way exploit the Services or Site Content (other than your User Submissions), except as expressly authorized by Trade Academy;

• decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Services, except to the limited extent applicable laws specifically prohibit such restriction;

• copy, rent, lease, distribute, or transfer any of the rights that you receive hereunder; or

• otherwise take any action in violation of Trade Academy’s guidelines and policies.

Trade Academy reserves the right to (i) remove, suspend, edit or modify any Content in its sole and absolute discretion, at any time, without notice to you and for any reason (including, but not limited to, receipt of claims from third parties or authorities relating to such Content or if Trade Academy is concerned that you may have violated these Terms of Use) or for no reason at all and (ii) remove, suspend or block any User Submissions from the Services. Trade Academy also reserves the right to access, read, preserve, and disclose any information as Trade Academy reasonably believes is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce these Terms of Use, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of Trade Academy, its users and the public.

To report a complaint to Trade Academy you may contact us at report@TradeAcademy.co. Please provide a brief description of the issue, as well as any other information you believe may be helpful in addressing and resolving the issue. Upon receiving your report, Trade Academy will endeavor to take the appropriate steps to review and respond to your complaint.

Content Provided by Trade Academy

The Services contain Content specifically created and/or provided by Trade Academy, its partners, or third parties, and such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws, as applicable. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Services.

Use, reproduction, modification, distribution or storage of any Content for other than personal, non-commercial use is expressly prohibited without prior written permission from Trade Academy. You shall not sell, license, rent, or otherwise use or exploit any Content for commercial (whether or not for profit) use or in any way that violates any third party right.

Third Party Sites and Services

The Services may permit you to link to other websites, services or resources on the Internet, and other websites, services or resources may contain links to the Site or the Services. When you access third party websites, you do so at your own risk. These other websites are not under Trade Academy’s control, and you acknowledge that Trade Academy is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply endorsement by Trade Academy or any association with its operators. You further acknowledge and agree that Trade Academy shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such Content, goods or services available on or through any such website or resource.

Payments and Processing

You may submit your debit or credit card information (“Payment Information”) via the Trade Academy Site in order to purchase products, subscriptions, or services. 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.

Termination

Trade Academy may terminate your access to all or any part of the Services at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your membership. If you wish to terminate your account, you may do so by following the instructions on the Site. All provisions of these Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Refund Policy & Cancelling Accounts

All subscriptions and sales are final. We will not grant refunds for subscriptions or purchases of any products offered by Trade Academy.

Subscriptions may be canceled at any time by either party. These cancellations must be sent via email to support@TradeAcademy.co. When termination is requested by a subscriber, subscription fees are not refunded. Rather, the current subscription will run its course to the end of the current billing cycle, at which point the subscription would then become inactive and the account canceled. Cancellation of service is not official until subscriber receives an email confirmation from Trade Academy.

Warranty Disclaimer

Except to the extent required by law, Trade Academy has no special relationship with or fiduciary duty to you. You acknowledge that Trade Academy has no control over, and no duty to take any action regarding: which users gain access to the Services; what Content you access via the Services; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release Trade Academy from all liability for your having acquired Content through the Services. Trade Academy makes no representations concerning any Content contained in or accessed through the Services, and Trade Academy will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Services.

THE SITE, THE SERVICES, AND CONTENT ARE PROVIDED “AS IS”, “AS AVAILABLE” AND ARE PROVIDED WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE 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, AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (A) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE WEBSITE, SERVICES, AND CONTENT IS SOLELY AT YOUR OWN RISK. SOME STATES / COUNTRIES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Indemnification

You shall defend, indemnify, and hold harmless Trade Academy, its affiliates and each of its and its affiliates’ officers, employees, contractors, directors, suppliers and representatives from all losses, costs, actions, claims, damages, expenses (including reasonable legal costs) or liabilities, that arise from or relate to your use or misuse of, or access to, the Site, Services, Content, or otherwise from your User Submissions, violation of these Terms of Use, or infringement by you, or any third party using the your account, of any intellectual property or other right of any person or entity (save to the extent that a court of competent jurisdiction holds that such claim arose due to an act or omission of Trade Academy). Trade Academy reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with Trade Academy in asserting any available defenses.

Limitation of Liability

ALL LIABILITY OF TRADE ACADEMY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS HOWSOEVER ARISING FOR ANY LOSS SUFFERED AS A RESULT OF YOUR USE OF THE SITE, SERVICES, CONTENT, OR USER SUBMISSIONS IS EXPRESSLY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW, SAVE THAT, IF A COURT OF COMPETENT JURISDICTION DETERMINES THAT LIABILITY OF TRADE ACADEMY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS (AS APPLICABLE) HAS ARISEN, THE TOTAL OF SUCH LIABILITY SHALL BE LIMITED IN AGGREGATE TO ONE HUNDRED US DOLLARS ($100).

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TRADE ACADEMY, OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY OR OTHERWISE (AND WHETHER OR NOT TRADE ACADEMY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS HAD PRIOR KNOWLEDGE OF THE CIRCUMSTANCES GIVING RISE TO SUCH LOSS OR DAMAGE) WITH RESPECT TO THE SITE, THE SERVICES, CONTENT, USER SUBMISSIONS OR ADD-TO LINK FOR:

• INDIRECT OR CONSEQUENTIAL LOSSES OR DAMAGES;

• LOSS OF ACTUAL OR ANTICIPATED PROFITS;

• LOSS OF REVENUE;

• LOSS OF GOODWILL;

• LOSS OF DATA;

• LOSS OF ANTICIPATED SAVINGS;

• WASTED EXPENDITURE; OR

• COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES.

NOTHING IN THESE TERMS OF USE SHALL BE DEEMED TO EXCLUDE OR LIMIT YOUR LIABILITY IN RESPECT OF ANY INDEMNITY GIVEN BY YOU UNDER THESE TERMS OF USE. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, TRADE ACADEMY’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

Governing Law

A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You and Trade Academy agree that any cause of action arising out of or related to the Services must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.

Except for users located in the EEA and/or Australia, the following arbitration and governing law provisions shall apply:

• These Terms of Use shall be governed by and construed in accordance with the laws of the State of Illinois, excluding its conflicts of law rules, and the United States of America. For all purposes of these Terms of Use, the parties consent to exclusive jurisdiction and venue in the United States Federal Courts or state courts located in the Northern District of Illinois. Use of the Services is not authorized in any jurisdiction that does not give effect to all provisions of these Terms of Use, including, without limitation, this section. If you are accepting these Terms of Use on behalf of a United States federal government entity that is legally unable to accept the controlling law, jurisdiction or venue clauses above, then those clauses do not apply to you but instead these Terms of Use and any action related thereto will be will be governed by the laws of the United States of America (without reference to conflict of laws) and, in the absence of federal law and to the extent permitted under federal law, the laws of the State of Illinois (excluding choice of law).

Solely in respect of users located in the EEA and/or Australia, the following governing law provisions shall apply:

• These Terms of Use and any disputes or claims arising out of or in connection with it shall be governed by, and construed in accordance with, the laws of England. All disputes or claims arising out of or relating to these Terms of Use shall be subject to the exclusive jurisdiction of the English Courts to which the Parties irrevocably submit.

Integration and Severability

These Terms of Use are the entire agreement between you and Trade Academy with respect to the Services and use of the Site, the Services, Content, or User Submissions, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and Trade Academy with respect to the Site. If any provision of the Terms of Use is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms of Use will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. Waiver of compliance in any particular instance does not mean that we will waive compliance in the future. In order for any waiver by Trade Academy of compliance with these Terms of Use to be binding, Trade Academy must provide you with written notice of such waiver executed by a duly authorized representative.

Modification of Terms of Use

Trade Academy reserves the right, at its sole and absolute discretion, to modify or replace any of these Terms of Use, or change, suspend, or discontinue the Services (including, without limitation, the availability of any feature, database, or content) at any time by posting a notice on the Site, or by sending you notice through the Services or via email. Trade Academy may also impose limits on certain features and Services or restrict your access to parts or all of the Services without notice or liability. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Services following the posting of any changes to these Terms of Use constitutes acceptance of those changes.

Miscellaneous

Trade Academy shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Trade Academy’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including “line-noise” interference). Unless otherwise specified, all notices under these Terms of Use will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery Services.

DMCA Policy

It is Trade Academy’s policy to respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act. That means that if we receive a notice for content hosted on the Services, we will remove or disable access to that content subject to applicable laws and make a good faith effort to give notice of the claimed infringement to the account holder.

If we receive a counter notification from the account holder pursuant to sections 512(g)(2) and (3) of the DMCA, we may reinstate access to the content. If we do not receive a counter notification from the account holder within ten (10) days of giving notice of the claimed infringement, we will be forced to permanently delete the content.

To file a notice of infringement with us, please contact report@Trade Academy.com.

Contact

You may contact Trade Academy at the following address:

Trade Academy LLC

1120 West Adams Street #6W

Chicago, IL 60607

Effective Date: February 12, 2017