DISCLAIMER AND TERMS AND CONDITIONS
FOR TRADERBLOG.COM
All information disseminated to you by TradingEducation.com, LLC (hereinafter “TradingEducation.com”) on or through its website TraderBlog.com (hereinafter the “Website”), or distributed to you by TradingEducation.com by any other means, comprising such information as articles; postings; comments; opinions; messages; commentaries; blog information, communications, content, and entries; columns; market data; quotes; research findings; news; charts; audio and/or video presentations; webinars; eBooks; newsletters and all other features of the Website (collectively, the “Information”) is provided for informational and educational purposes only which you agree to use entirely at your own risk. TradingEducation.com reserves the right to change, alter, delete, delay, modify or discontinue the Information or any feature on its Website at any time for any reason without prior notice to you.
TradingEducation.com does not make solicitations, recommendations or offers to buy or sell stocks, futures, commodities, options, Forex, or any other security or investment. TradingEducation.com does not advocate the purchase or sale of any security or investment. The Information should not be construed as investment, financial, tax or legal advice. TradingEducation.com is not a registered investment advisor, commodity trading advisor, broker or broker dealer. Prior to the execution of a securities, commodities, options or Forex trade, you should always consult with your broker or other financial advisor. There is a very high degree of risk involved in trading securities, commodities, futures, options and Forex. Past results of any individual trader written about or referred to in the Information are not indicative of future returns by that trader, and are not indicative of future returns which may be realized by you or others.
TradingEducation.com, and its members, employees, agents, consultants, analysts, representatives, content or service providers, affiliates, subsidiaries, successors and assigns (hereinafter collectively, the "TradingEducation.com Indemnities") assume no responsibility or liability for your trading and investment results. The TradingEducation.com Indemnities are not responsible for any actions taken by you based upon your use of any of the Information. The TradingEducation.com Indemnities may hold positions or interests in any of the markets discussed on the Website. You should not rely solely on the Information, in making any investment or trading decision. Rather, you should do your own independent research in order to allow you to form your own opinion regarding your investments and trading decisions. You should always discuss and/or review your trading strategies and decisions with your broker or other professional advisor. The Information is obtained from sources considered by TradingEducation.com to be reliable, but the accuracy and completeness thereof are not guaranteed. The TradingEducation.com Indemnities shall not be responsible or liable for the truth, accuracy, completeness or timeliness of, or otherwise endorse in any manner, the opinions, views, postings, comments, or recommendations expressed in the Information, or otherwise for the Information provided or for errors, mistakes, misinterpretation of, or omissions therein or for any delays or interruptions of the Information presented on the Website or for whatever cause.
You agree to indemnify, release, defend, and hold harmless the TradingEducation.com Indemnities from and against any and all claims, liabilities, losses, causes of actions, costs, lost profits, lost opportunities, indirect, special, incidental, consequential, punitive, or any other damages whatsoever and expenses (including, without limitation, court costs and attorneys' fees) asserted against, resulting from, imposed upon or incurred by any of the TradingEducation.com Indemnities as a result of, or arising out of this Disclaimer and/or your use of the Information.
Access to and use of the Website and the Information available on the Website is on an “as-is”, “as available” basis and TradingEducation.com specifically disclaims any representations or warranties, express or implied, including without limitation, any representations or warranties of merchantability or fitness for a particular purpose. The TradingEducation.com Indemnities will not be liable, either jointly or severally, to you or to any other person as a result of your access or use of the Website for indirect, consequential, special, incidental, punitive, or exemplary damages, including, without limitation, lost profits, lost savings and lost revenues (collectively, the “Excluded Damages”), whether or not characterized in negligence, tort, contract, or other theory of liability, even if TradingEducation.com has been advised of the possibility of or could have foreseen any of the Excluded Damages, and irrespective of any failure of an essential purpose of a limited remedy. If any applicable authority holds any portion of this section of this Disclaimer to be unenforceable, then the liability of the TradingEducation.com Indemnities will be limited to the fullest possible extent permitted by applicable law. You agree this paragraph constitutes a conspicuous legend.
If you are located outside of the United States, information that you provide to TradingEducation.com will be sent to the United States. By signing up or registering for any of TradingEducation.com’s Information you consent to your information being sent to the United States. TradingEducation.com makes no representation that the Information is appropriate or available for use in locations outside the United States, and accessing it from territories where the Information is illegal is prohibited. If you choose to access the Website from a location outside the U.S., you do so on your own initiative and you are responsible for compliance with local laws.
TradingEducation.com has no responsibility for the accuracy, completeness or availability of information provided by linked websites. Links to external websites do not constitute an endorsement by TradingEducation.com of the sponsors of such sites or the content, products, services, advertising or other promotional materials or information presented on such sites. The links on the Website may provide you with access to other websites where the trading of securities, commodities, futures, options or Forex is possible. TradingEducation.com shall not be responsible or liable with regard to any trading which may be conducted on such linked websites or any other website which may be linked to or from the Website. Information on the websites that are linked to or from the Website comes from a variety of sources. TradingEducation.com does not author, edit or monitor these websites or links. TradingEducation.com shall not be responsible or liable, directly or indirectly, for any damages or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on such external websites. Accessing certain links on the Website may provide you with access to other websites for which TradingEducation.com assumes no responsibility of any kind for the content, availability or otherwise.
The Information is the property of TradingEducation.com or its licensors and is protected by copyright and other intellectual property laws. TradingEducation.com is the owner and/or authorized user of any trademark, registered trademark and/or servicemark appearing on the Website, and is the copyright owner or licensee of the Information on the Website, unless otherwise indicated. If you make any use of the Information, except as provided for in this Disclaimer, you may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use. TradingEducation.com does not grant any license or other authorization to you of its trademarks, registered trademarks, servicemarks, other copyrighted or copyrightable material or any other intellectual property including all Information, by including them on the Website.
You are being granted a non-exclusive, non-transferable limited license that may be revoked at any time. You may display or print the Information for your personal, non-commercial use only. No portion of the Information may be reproduced in whole or in part without the prior written consent of TradingEducation.com. You may not use any data mining, robots, or similar data gathering and extraction tools on the Information, frame any portion of the Website or Information, or reproduce, reprint, retransmit, copy, store, publicly display, distribute, broadcast, transmit, modify, translate, port, publish, sublicense, assign, transfer, sell, publish, loan, or otherwise provide access to the Information to any third party or distribute the Information without prior written consent from TradingEducation.com. You may not circumvent any mechanisms included in the Information for preventing the unauthorized reproduction or distribution of the Information. You can not create abstracts from, derivative works of, or display headlines or excerpts from, the Information for use on another website or service. You can not post any Information from the Website to newsgroups, mail lists or electronic bulletin boards, without TradingEducation.com’s prior written consent.
TradingEducation.com makes available on its Website various publishing and community services (hereinafter “Blog Service”), including but not limited to the capability that may allow you and others to participate in web-based discussions on the Website and to submit and post blog information and communications which may become incorporated into the Information available on the Website.
You acknowledge and agree that TradingEducation.com neither endorses the contents of any information that becomes part of the Information nor assumes responsibility for any threatening, libelous, obscene, harassing or offensive material contained therein, any infringement of third party intellectual property rights arising therefrom or any crime facilitated thereby. TradingEducation.com has no responsibility for the accuracy, completeness or availability of content provided in the Information.
TradingEducation.com has no duty to pre-screen blog information prior to posting, but does have the right to refuse to post or to edit or modify any submitted information. Additionally, TradingEducation.com reserves the right to remove or delete any Information from its Blog Service for any reason at any time, but shall not be responsible for its failure or delay in removing any such Information.
TradingEducation.com assumes no responsibility for the deletion or failure to store information submitted by you for posting into its Blog Service. TradingEducation.com retains the right, at its sole discretion, to determine whether or not your conduct is consistent with the intention of the Blog Service and may elect not to post your blog information for any reason in its sole discretion.
You are solely responsible for the contents of your transmissions of your information that is submitted and posted to the Blog Service. By submitting information to the Blog Service, you hereby grant TradingEducation.com, its affiliates and distributors the right to use, display, copy, distribute, adapt and promote the information as part of its Information in any medium in any way it sees fit in its sole discretion.
All information submitted by you to TradingEducation.com through its Blog Service shall be deemed and remain the property of TradingEducation.com, which shall be free to use, for any purpose, any ideas, concepts, know-how, trading plans or strategies, or techniques contained in information that you provide to TradingEducation.com through the Blog Service.
Your contributions to and participation in the Blog Service are subject to all applicable local, state, national and international laws and regulations. In addition to your expected conduct described elsewhere in these Terms and Conditions, you also agree: (a) to comply with United States law regarding the transmission of technical data exported from the United States through the Blog Service; (b) not to use the Blog Service for illegal purposes; (c) not to interfere or disrupt networks connected to the Blog Service; and (d) to comply with all regulations, policies and procedures of networks connected to the Blog Service.
The Blog Service makes use of the Internet to send and receive certain messages. Therefore, your conduct is subject to Internet regulations, policies and procedures. You agree also not to use the Blog Service or any communications tools related to the Website to harvest information about visitors to the Website or to post or transmit, directly or indirectly, any advertisements, chain letters, unsolicited bulk communications (including emails and instant messages), junk mail, solicitations, pyramid schemes, investment opportunities, spamming, flooding or any unsolicited commercial communications (except as otherwise expressly permitted by TradingEducation.com), or impersonate any other person or entity or misrepresent your affiliation with any other person or entity, post or transmit any information or software that contains a worm, virus, or other computer code, files or programs that destroy, interrupt or limit the functionality of any computer hardware or software or telecommunications equipment, or otherwise permit the unauthorized use of a computer or network.
You agree not to transmit through the Blog Service any unlawful, fraudulent, libelous, invasive (of another’s privacy), tortuous, deceptive, defamatory, obscene, pornographic, profane, abusive, harassing, threatening, harmful or otherwise objectionable information of any kind or nature. You further agrees not to transmit any information that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation, including without limitation the U.S. export laws and regulations and laws pertaining to securities and investment advising. You shall not interfere with, restrict or inhibit any other person or entity’s use and enjoyment of the Blog Service or Website.
TradingEducation.com has no obligation to monitor the Blog Service. You acknowledge and agree, however, that it does retain the right to monitor the Blog Service and to disclose any information that you submitted to the Website for posting as necessary or appropriate to satisfy any law, regulation or other governmental request, and to operate the Blog Service as TradingEducation.com sees fit in its sole discretion. TradingEducation.com will not intentionally monitor or disclose any private electronic-mail message unless required by law, but reserves the right to refuse to post any information, materials or blog entries, in whole or in part, that, in its sole discretion, are considered unacceptable, offensive, undesirable, inappropriate or in violation of these Terms and Conditions in any manner. Once posted as Information, TradingEducation.com reserves the right to remove such Information from the Blog Service and Website for any reason in its sole discretion. TradingEducation.com shall not be subject to any obligations of confidentiality regarding submitted information, except as specifically required by law.
You agree to defend, indemnify and hold the TradingEducation.com Indemnities harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys' fees, made by any third party due to or arising out of your submission of information through the Blog Service or the placement or transmission of any message, information, software or other materials through the Blog Service by you or users of your computer or related to any violation of these Terms and Conditions by you or users of your computer, or the infringement by you or others who use the Blog Service using your computer, of any intellectual property or other rights of any person or entity. TradingEducation.com reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
TradingEducation.com reserves the right to terminate or restrict your access to the Website and its Information (including its Blog Service) if, in its opinion, your use of the Website may violate any laws, infringe upon another person's or entity’s rights or violate any of the Terms and Conditions of this Disclaimer. TradingEducation.com may deny you future access to all or part of the Information without prior notice if you engage in any conduct or activities that TradingEducation.com, in its sole discretion, believes violate any of these Terms and Conditions, violates the rights of TradingEducation.com, or are otherwise inappropriate for continued access.
Upon termination of the Blog Service, your right to use the Blog Service will immediately cease. You shall have no right and TradingEducation.com will have no obligation thereafter to forward any unread or unsent messages to you or any third party.
You acknowledge and agree that TradingEducation.com may, in its sole discretion, deny you access, through the Website, to third party services, merchandise, materials or information on the Internet, and TradingEducation.com shall have no responsibility to notify any third-party providers of services, merchandise or information nor any responsibility for any consequences resulting from lack of notification.
By navigating the Website and viewing or downloading any of the Information presented on the Website or distributed to you by TradingEducation.com in any manner, you represent that you have read and understand this Disclaimer and agree to be bound by all of the Terms and Conditions contained herein. TradingEducation.com may change the Terms and Conditions from time to time and at any time without notice to you, by posting such changes on the Website. By navigating the Website following any modifications to these Terms and Conditions, you agree to be bound by any such modifications to the Terms and Conditions. Should you object to any provisions of these Terms and Conditions or any subsequent modifications thereto or become dissatisfied with the Information (including the Blog Service) in any way, your sole and exclusive remedy and only recourse is to immediately discontinue your use of the Website.
The Terms and Conditions and the relationship between you and TradingEducation.com shall be governed by the laws of the State of Florida, without regard to its conflict of law provisions. You and TradingEducation.com each agrees to submit to the personal and exclusive jurisdiction of the courts located within Hillsborough County, Florida.
By agreeing to these Terms and Conditions, you (1) waive any claims that you might otherwise have against the TradingEducation.com Indemnities based on the laws of other jurisdictions, including your own; (2) irrevocably consent to the exclusive jurisdiction of, and venue in, state or federal courts in Hillsborough County, Florida over any disputes or claims you have with us; and (3) submitting yourself to the personal jurisdiction of courts located in the Hillsborough County, Florida for the purpose of resolving any such disputes or claims.
The failure of TradingEducation.com to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of the Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms and Conditions remain in full force and effect.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website or the Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred. TradingEducation.com, LLC is affiliated through common ownership with Market Technologies, LLC
COPYRIGHT INFRINGEMENT
CLAIM NOTICE PROCEDURE
Copyright and Intellectual Property Policy
We respect the intellectual
property of others, and we ask our users to do the same. We assume no
responsibility for content on other web sites that you may find or access when
using our products or services. Material available on or through other web sites
may be protected by copyright and the intellectual property laws of the United
States and/or other countries. The terms of use of those web sites, and not our
Terms of Service, govern your use of that material.
It is our policy, in
appropriate circumstances and at its discretion, to disable and/or terminate the
accounts of users who may infringe or repeatedly infringe the copyrights or
other intellectual property rights of our company and/or others.
Notice for Claims of Copyright and Other
Intellectual Property Violations and Agent for Notice
Pursuant to Title 17, U.S. Code § 512(c)(2),
notifications of claimed copyright infringement, or notification of other
intellectual property rights violation, should be sent ONLY to the Designated
Agent below.
NOTE: THE FOLLOWING INFORMATION IS PROVIDED EXCLUSIVELY FOR
NOTIFYING THE SERVICE PROVIDERS REFERENCED BELOW THAT YOUR
COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED. DO NOT SEND ANY INQUIRIES
UNRELATED TO COPYRIGHT INFRINGEMENT (E.G., REQUESTS FOR TECHNICAL ASSISTANCE OR
CUSTOMER SERVICE, REPORTS OF EMAIL ABUSE, ETC.) TO THE CONTACT LISTED BELOW. YOU
WILL NOT RECEIVE A RESPONSE IF SENT TO THIS CONTACT.
Written notification of claimed copyright
infringement must be submitted to the following Designated Agent via the
following routes:
Mail:
Smith & Hopen, PA
180 Pine Avenue North
Oldsmar, FL 34677
Fax: 813-925-8525
Email:
staff@smithhopen.com
Under Title 17, § 51 2(c)(3)(A) of the United
States Code, the Notification of Claimed Infringement must include the
following:
1.
An electronic or physical signature of the owner or
of the person authorized to act on behalf of the owner of the copyright
interest.
2.
An identification of the copyrighted work, or works,
that you believe to have been infringed upon. The identification must provide
sufficient detail to specify the work. For example, an identification for a web
page might state, “The copyrighted work at issue is the text that appears on
http://www.originalexpression.com/original_page.html.” Where the work is another
form of publication, the identifying information could include the name,
edition, ISBN number and pages of a book from which an excerpt was copied, the
music album or single, etc. as appropriate.
3.
A clear description of where the infringing material
is located on our web site(s), including, as applicable, its URL, so that we can
locate the material.
4.
Information
reasonably sufficient to permit us to contact you. An email address is
preferred. Alternatively, you might provide your mailing address and/or
telephone number.
5.
The following statement: “I have a good-faith belief
that use of the copyrighted materials described above as allegedly infringing is
not authorized by the copyright owner, its agent or the law.”
6.
The following statement: “I swear, under penalty of
perjury, that the information in the notification is accurate and that I am the
copyright owner or am authorized to act on behalf of the copyright owner.”
Name: Jim Wyckoff 
