Last Updated: December 1, 2017
Please read them carefully and if you disagree with the TOU in any way, then do not use this Site or any of the Services.
Tradesight.com reserves the right to post changes to the TOU on this Site at any time. If we make any material changes to this TOU, we may post the updated TOU here, along with its effective date, and may notify you by email or by means of a notice on our Site. If any TOU changes are not acceptable, you must stop your use of this Site. In these TOU, “Tradesight.com” and “we” refer to Tradesight.com, and “User” or “you” refer to each visitor to this Site.
If you subscribe to any Services offered through this Site, you may also be subject to additional terms and conditions (“Terms of Service” or “TOS”) applicable to such Services, which will be brought to your attention at that time.
Your use of the Site or the Services, without any further action on your part, constitutes an agreement to this TOU.
1. Sites and Services
Under this Agreement, Tradesight.com will provide certain on-line financial information to you, and you agree to the terms of this agreement. In the event that we offer new or revised services, your use of them will be under this Agreement unless we notify you otherwise. We reserve the right to change this Agreement at any time should it be necessary to do so. These terms may be changed prospectively without notice to you.
You agree that we are not responsible for technical Internet problems. We will make every effort to remain operational with adequate performance and response time. However, there may be times when our servers are down or response time is slow. You agree that we are not responsible or liable for any loss or damage caused by your inability to use our service except as provided in this Section.
We do not guarantee that access to or use of this Site or any Services will be uninterrupted or error free, and Tradesight.com shall not be liable for any feature not being accessible or for any unavailability of its Site and Services. No compensation will be provided for any interruption of service, whether or not it is due to our own negligence or sources beyond our control, that lasts for less than 168 hours (i.e. one week). If access to our Services is interrupted for more than 168 hours and you have a paid Subscription Agreement, our charges will be pro-rated to reflect the loss of service if the loss of service is not your fault and is not due to an “Act of God” or a problem with the Internet not caused by Tradesight.com. If access to our Services is interrupted for more than 168 hours and you have paid for a Mentorship Service, we will extend the length of the Mentorship program by same amount of time that you were without Services.
The Site and its features may be expanded, limited or modified at any time by Tradesight.com to meet the needs of its Users, or for technical or other reasons, without advance notice or reason. We may also in our sole discretion, and at any time, discontinue providing, temporarily or permanently, any or all of the Site or Services, without notice. To access some of the content or features of the Site or its Services, Users may need to enhance or update the hardware or software in their computer systems. Tradesight.com assumes no responsibility for any failure to access the Site or any Services, partially or fully, whether due to the User’s system, the Internet network, or any other cause.
All content of the service of Tradesight.com is furnished for informational purposes only. Our service is not investment advice. We do not endorse any security. We do not offer to sell any security. We are not a registered broker-dealer or financial adviser. We never provide personal investment advice.
We are a service available to paying members of the general public that furnishes general information that is available to the public from other sources. Any and all data that appears on our site is for informational purposes only and is furnished without warrant of any kind.
You agree to hold us harmless for any direct, indirect, consequential or incidental damages arising out of any decision made or action taken by you in reliance on the service, whether or not caused in whole or in part by our negligence.
You should be aware of the risks inherent in the stock, futures, and forex markets. The person or persons utilizing this service, herein known as “subscriber,” acknowledges that he/she fully understands that the risk factor is high in trading and that only “Risk Capital” or “Risk Funds” should be used in such trading. A person who does not have extra Risk Capital, or Risk Funds, that they can afford to lose, should not trade in the markets.
No “SAFE” trading system has ever been devised, and no one including us can guarantee profits or freedom from loss. Past performance does not guarantee or imply future success. You cannot assume that profits or gains will be realized by you when you buy or sell stocks regardless of how you obtain information.
The purchase of stocks, futures contracts, or forex pairs mentioned in the data furnished for information by Tradesight.com may result in the loss of some or all of any investment made. We recommend that you consult a stock broker or financial advisor before buying or selling securities or making any investment decisions.
You assume the entire cost and risk of any investing and or trading you choose to undertake. All information contained in data furnished is for information purposes and is obtained from sources believed to be accurate and reliable. However, due to the number of sources from which information is obtained we cannot guarantee the accuracy of any information. If you decide to purchase securities based upon information contained in our data, you do so at your own risk. We decline any responsibility and you agree to accept full responsibility.
We do not provide information or services to minors, and if you are under 18, and at least 13 years of age, you may only use this Site and/or the Services with the active involvement of a parent, guardian, or other supervising adult. You may not use this Site if you are under 13 years of age.
3. No Individual Investment Advice
This Site does not provide individual or customized legal, tax, accounting, or investment services. Since each individual’s situation is unique, a qualified professional should be consulted before making financial decisions.
Tradesight.com and all Services under it are EDUCATIONAL. We do not represent, advise, recommend, nor sell any securities instruments or products.
You agree to not rely on the services to provide investment advice to others.
You agree that you seek the advice of a professional investment counselor if you have any questions regarding your investment plans, and that it is unreasonable and unjustified to rely on the Services, rather than yourself and your professional advisors alone, without professional investment counseling to make your investment plans.
4. Message Web Site Content Limitations
We make no guarantees as to the accuracy, thoroughness or quality of the information on this Site or through the Services, which is provided only on an “AS-IS” and “AS AVAILABLE” basis at User’s sole risk. This information may be provided by third parties, and Tradesight.com shall not be responsible or liable for any errors, omissions or inaccuracies in the Site content.
The information and investment, accounting, or legal strategies provided at this Site are neither comprehensive nor appropriate for every individual. Some of the information is relevant only in Canada or the U.S., and may not be relevant to or compliant with the laws, regulations or other legal requirements of other countries. It is your responsibility to determine whether, how and to what extent your intended use of the information and Services will be technically and legally possible in the areas of the world where you intend to use them. You are advised to verify any information before using it for any personal, financial, accounting, legal, or business purpose. In addition, the opinions and views expressed in any article on this Site are solely those of the author(s) of the article and do not reflect the opinions of Tradesight.com or its management. The Site content and services may be modified at any time by us, without advance notice or reason, and Tradesight.com shall have no obligation to notify you of any corrections or changes to any Site content.
5. Limited license to Use Site Content
All content provided through the Services is the property of Tradesight.com or is being used by Tradesight.com under license. Subject to the condition precedent of your compliance with this TOU and any other guidelines or policies we include through the Services, we grant you a limited personal use license to access, display, download, format and print portions of this Site content solely for your own personal non-commercial use, provided that the content is not modified and all proprietary notices are kept intact for the duration of your Subscription or Mentorship. You may not reproduce, publish, translate, merge, sell, rent, distribute the content, or create a derivative work of the content on any other website or as part of any educational, training or reference materials. You may not frame or utilize framing techniques to enclose any content on this Site. For purposes of this paragraph, engaging in investment and trading activity with your own funds for your own benefit constitutes personal non-commercial use. This license is non-transferable, non-sublicenseable, non-exclusive, and revocable subject only to the rights given to you in this agreement.
You will not copy nor distribute to any other party, any resources found on this website, directly or by providing a third party with access to login information to the Services or information regarding any “backdoor” or unconventional means of accessing the Services. You shall have a duty to compensate us for each person who makes unauthorized use of the Services, for every month that this is done, without deduction of any kind for our expenses, at the highest non-discounted rate listed on our website for that month, as liquidated damages, for any unauthorized use of the Services which you authorize or which is caused by your actions even if you do not authorize this use and the care you have taken to protect your account information is not negligently disclosed.
This only entitles you to the view the content in the Services, and is not a purchase of the software or content included with it. Except as set forth below, Tradesight.com reserves the right to terminate your access to the Site at any time for any reason or no reason at all, with or without notice to you.
Unless you have, as determined in our sole discretion, violated these Terms and Conditions, such termination will not terminate your right to view any content you used while you were paying for the Services.
You may not transfer your account to any other person or use anyone else’s account. Except as otherwise expressly permitted in this TOU, you are prohibited from and may not copy, sell, re-sell, display, reproduce, publish, modify, creative derivative works from, transfer, distribute, or commercially exploit the content; and Tradesight.com reserves the right to pursue legal action against you in connection with any unauthorized use of the Services, the related materials, or your violation of this TOU, whether at law or in equity.
6. Third Party Content
Any testimonials, opinions, advice, product or service offers, or other information or content made available on or through this Site by third parties (“Third Party Content”) are solely those of their respective providers and not of Tradesight.com which does not guarantee the accuracy, completeness, reliability or usefulness of Third Party Content. It is the responsibility of the User to evaluate Third Party Content and Tradesight.com shall not be liable for any damage or loss caused by Users’ reliance on or other use of Third Party Content.
7. Content Posted by Users
To the extent we enable you to, and you choose to post or share any content or materials, (“User Content”) you will be:
(a) granting Tradesight.com a fully transferable, sub-licenseable (with rights to sublicense, including, without limitation, through multiple tiers) to display, perform, reproduce, modify, transfer, distribute and create derivative works from the User Content and to associate your public profile information (if any) with such User Content, in any media formats and through any channels (whether now known or hereafter developed); perpetual, world-wide, royalty-free, fully paid-up, non-exclusive license to allow your materials to be edited and displayed by Tradesight.com on its Site, and accessed by Users, for the purposes and on the terms in these TOU;
(b) agreeing to indemnify and hold harmless Tradesight.com and its Users from any claim or demand made by any third party due to or arising out of your User Content, and
(c) representing that you own or otherwise have the right to post the User Content, that the User Content is accurate, that use of the User Content on the Site does not violate any laws, and that the materials will not cause injury to any person. Tradesight.com shall have the right to use your name in connection with your posted User Content. Tradesight.com reserves the right to remove or modify any User Content for any reason, including without limitation, if we believe it violates these Terms and Conditions.
If you choose to post any User Content and interact with other users, if applicable, please be respectful of other users and use common sense when posting comments. Remember that anything you post online may be perpetually available and are not confidential or private. Do not post anything you would not be comfortable sharing or being made public.
8. Account Creation
Some of the Services offered by Tradesight.com require you to create an account. When you create an account, you agree that you have the authority to create that account and that all information you provide will be true, accurate, current, and complete. You are solely responsible for keeping your log in information (e.g., user ID and password) accurate, secure, and confidential. You are also responsible for any activity resulting from use of your login information. You agree to immediately inform us if you suspect that your login information has been compromised and to fully cooperate in good faith with any investigation we choose to conduct as a result without requiring us to resort to legal process. We are not liable to you for any losses or damages you incur resulting from unauthorized use of your login information.
9. Communications With Staff, Fellow Users And Third-Parties
IMPORTANT: No Client Relationship; No Privilege. By answering questions neither Staff, nor Other Users, nor Third-Parties intend to form an advisor-client, accountant-client, attorney-client, fiduciary, confidential, or any other direct privileged or professional or special relationship with any Staff member, user of the Site, or third party, and no such relationship shall be formed.
Please keep in mind that laws, regulations, other governing authorities, standards, practices and procedures that apply to your particular question may differ depending on your location. Additionally, none of the Third Party Content is private or confidential, nor is it protected by attorney-client, or any other privilege, and it may be read, collected, and used by others. At some point in time, it is possible that search engines may index your questions, answers, and other Third Party Content to allow them to appear in search engine results (e.g. if someone does a search on google.com or another search engine, your questions, answers, and other Third Party Content on our Site that relate to the search may appear in the search results list).
PLEASE NOTE: Tradesight.com does not provide tax, accounting, legal, investment, or financial services. The information is not meant to be, and should not be construed as advice or used for investment, legal, accounting, or tax purposes. Tradesight.com makes no guarantees as to the accurateness, quality, or completeness of the information and Tradesight.com shall not be responsible or liable for any errors, omissions, inaccuracies in the information, or for any user’s reliance on the information. User is solely responsible for verifying the information as being appropriate for user’s personal use, including without limitation, seeking the advice of a qualified professional regarding any specific financial, legal, accounting, or tax questions a user may have. While Tradesight.com may edit content provided by users for grammar, punctuation, profanity, and question title length, Tradesight.com is not involved in the questions and answers between advisors and users, does not endorse any particular financial, legal, accounting, or tax professionals that provide answers via the service, and is not responsible for any claims made by any advisor. Tradesight.com is not endorsed by or affiliated with any state bar association or other legal or accounting membership organization or association, tax authorities, or agencies or associations, or FINRA or any other financial regulatory authority, agency, or association.
POSTS ARE NOT CONFIDENTIAL. All forum-based and interactive services and any information and materials you submit in connection with your profile and/or any questions you pose to any staff are not confidential.
By applying for or participating in the Services, you acknowledge that the purpose of the Services is to be a source of general information and education for Tradesight.com’s users at large and, accordingly, while information you receive through the Services may include analysis of different options and considerations given the facts indicated by the questioners, answers should not include a recommendation that the questioner take a specific course of action. Even if the language used could be interpreted in that matter, this should be interpreted by you as mere hyperbole and puffery for entertainment value, rather than an actual recommendation.
The views expressed by anyone identified by a byline or user name in the Services are those of the person identified and not Tradesight.com.
NOT RESPONSIBLE FOR THIRD-PARTY MISSTATEMENTS RELIED UPON BY TRADESIGHT.COM. Tradesight.com relies entirely upon third-parties as its source of market data that is provided via the Services such as current data about market prices. Tradesight.com has relied upon these third-parties in the past and found them to be generally accurate but does not represent or guarantee the factual accuracy of any such information shared through the Services that is obtained from third-parties and does not regularly audit the accuracy of these third-party sources.
10. No Academic Credit.
Tradesight.com is not an accredited educational institution. Your participation in, or completion of, any Course does not confer any academic credit. Nothing in this TOU or otherwise through the Services or on our Site, enrolls you in any educational institution or in any course offered by any such institution. Any certificates or transcripts of use offered are in the sole and absolute discretion of Tradesight.com
11. Payment and Automated Rebillings
Each Subscription and Mentorship option is offered for certain prices as listed on the webpage. All fees are in U.S. dollars. You represent and warrant that you are authorized to use any and all payment forms you use to purchase a Course. You agree to pay for all Tradesight.com products and services that you purchase, and agree that we may charge your selected payment method through our third party payment processor for any such payments. If your payment method fails, we may collect fees owed or use other collection methods. We may also suspend or terminate your access to our Services.
You agree to be rebilled monthly for your subscription to the card that you use to make your purchase. Any card changes must be done over the phone. Tradesight operates on a “first of month” billing schedule. This means that your monthly subscription rate will be billed on the first of every month until you change or cancel your subscription. To get everyone onto a first of the month cycle, you will be charged a prorated amount on the first day of the month after you sign up to pay for the remainder of your first month plus enough days to get you to the end of the next month. Then, automated rebillings will start on the first of the following month.
12. Cancellation and Refunds
Except as provided in this Section, there are no refunds available for the services that you subscribe to unless there is a Service interruption that lasts more than 168 hours governed by the provisions set forth above or unless you qualify for the Money Back Guarantee Program set forth separately related to the Mentorship program.
In the rare event that any charge is made incorrectly by our back-end billing software, it will be fully refunded. Recurring billing for monthly subscriptions occur on the first of the month after your initial subscription. All cancellations to terminate monthly recurring billing are due three days prior to the end of the month to prevent a charge from being made on the first of the upcoming month, with no exceptions. You will lose access to the site on the last day of the month if you cancel.
Any decision of management in its sole and absolute discretion to provide a refund on a case by case basis in an extraordinary situation by us does not constitute a policy or establish a precedent and does not waive our right to enforce your obligations or to deny you a refund in the future in a situation where one has been granted in the past. To date, discretionary refunds are extremely rare and have only been granted a small number of times in unprecedented circumstances that generally never repeat themselves.
If you elect to access or use Services that involve payment of a fee, then you agree to pay that fee and all taxes associated with such access or use, including, if applicable, any sales or use taxes Tradesight.com believes in good faith that it is required to collect. Tradesight.com may collect taxes (e.g., sales tax or VAT) on any transaction where it reasonably believes that tax collection is required. Where Tradesight.com believes in good faith that VAT collection is required, VAT may be calculated and added once your billing information is provided. You will indemnify and hold Tradesight.com harmless against any and all claims by any tax authority for any underpayment of VAT, and any penalties and/or interest thereon. Tradesight.com is unable to provide you with tax advice and you should consult your own tax advisor. In the event that Tradesight.com does not collect taxes on a transaction upon which taxes are due, you agree to pay all applicable taxes including sales, use or VAT taxes on the transaction and to indemnify and defend Tradesight.com from any liability it incurs in connection with the non-payment of these taxes.
14. Content Ownership and Proprietary Rights
The Tradesight.com Site and its content are protected by copyright, trademark and other proprietary laws.
We and our licensors own all right, title and interest in and to the content provided with the Services. We believe in good faith that we and/or third party licensors either own or have all necessary rights in and to the content. The foregoing includes any and all copyrights, trademarks, or other proprietary rights under applicable law. Nothing contained in this TOU or in the Services conveys to you any ownership or other proprietary right except as otherwise set forth herein.
Any Tradesight.com logos and/or trademarks that appear in the Services are our property. All other trademarks, service marks and logos used in connection with the Services, with or without attribution, are the trademarks, services, or logos of their respective owners.
Modification and/or Termination of Courses. We reserve the right to at any time, modify or discontinue, temporarily or permanently any of the Services in whole or part. You agree that we are not liable to you or any third party for any such modifications, suspension, or termination of any or all Services. Nothing in this TOU shall be construed to obligate us to maintain and/or support any previously offered Services, in whole or part, during the term of this TOU or thereafter.
Tradesight.com does not guarantee that files available for downloading through its Site will be free of infection or viruses or other code that may have contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for integrity, security and accuracy of data input and output, and for maintaining a means external to the site for the reconstruction of any lost data.
16. Advertisers and Investments Are Not Endorsed
We are not responsible for the claims or representations made by advertisers and sponsors that we may involve in marketing of our company now or in the future. Tradesight.com does not review, endorse or recommend the products or services of, or investments in, any company mentioned on our Site and any language to that effect should be interpreted as an identification of an opportunity for you to investigate personally and not as an endorsement or recommendation. We will not be liable in any way for damages of any kind resulting out of the misuse of any personal information or data submitted by you to an advertiser or sponsor.
As a convenience to Users, the Site and Services may provide links to other sites or resources. Because we do not review or have no control over such sites and resources, Tradesight.com shall not be responsible or liable for use of or reliance on any content, products, services or information at such sites or resources. Inclusion of any links does not imply any endorsement, affiliation, approval, association or sponsorship by Tradesight.com of the linked websites, resources, their operators or owners. When you select a link, you may be leaving our Site. The information available on third party websites may have certain restrictions on its use or distribution which differ from this TOU.
18. Company Trading Activity
From time to time, Tradesight.com and the principals and employees and agents and affiliates of Tradesight.com may acquire, hold, or sell a security mentioned in the information furnished by us. All such transactions are completed in the open market. You are assured that we are never paid a fee, or otherwise compensated for the mention or coverage of any security, fund, bond or other financial instrument.
Tradesight.com does not represent, warrant or guarantee that it, its principals, its employees, its agents or its affiliates are not trading in a manner that may appear to be, or may actually be, contrary to statements, recommendations or educational guidelines provided through the services. You agree that you are not relying in any manner upon any of these persons participating in the market on their own behalf or on behalf of others in a manner consistent with the information or educational materials provided through the Services.
19. Prohibited Conduct
The following activities are strictly prohibited:
- Posting unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation (“Spamming”);
- Posting for any unlawful or fraudulent purpose (including links);
- Posting personal information (for yourself or anyone else);
- Posting materials containing viruses or other malicious or destructive code;
- Posting offensive content including profanity, obscenity, racist or pornographic material;
- Engaging in any activities that are defamatory, violate the personal privacy rights of others, or infringe any person’s rights, including but not limited to, collecting and distributing information about Internet users without their permission, except as permitted by applicable law;
- Posting any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, hateful, degrades others on the basis of gender, race, class, ethnicity, national origin, religion, sexual preference, disability or other classification or otherwise objectionable in any way;
- Copying, modifying, creating a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code of the Site or Services;
- Removing or obscuring the copyright notice or other notices displayed in connection with the content accessible through the Site or Services;
- Interfering with or disrupting the Site functionalities, Services, or servers and networks connected to Site, or disobey any requirements, procedures, policies, or regulations of networks connected directly or indirectly to the Site;
- Modifying the Site or Services in any manner or form, or use modified versions of the Site or Services, including (without limitation) for the purpose of obtaining unauthorized access to the Site or Services;
- Reproducing, printing, caching, storing, or distributing content retrieved from the Site or Services in any way not authorized by this TOU or for any commercial use without the prior written permission of Tradesight.com ;
- Selling, assigning, sublicensing, or otherwise transferring any right in the Services or content accessible through the Site;
- Accessing the Site or Services by any means other than through the interface that is provided by Tradesight.com ;
- Using the Site or Services to violate any law (whether local, state, national, or international), whether or not intentionally;
- Impersonating any person or entity, or falsely stating or otherwise misrepresenting your affiliation with any person or entity;
- Manipulating identifiers in order to disguise the origin of any question, answer or comment you post on the Site;
- Engaging in “screen scraping” or “database scraping”; and/or
If you choose to subscribe to any chat room offered through the Tradesight service, you are expected to be respectful at all times to the analysts and other subscribers. Excessively rude language, harassment, and demeaning comments, among other possible items, can be grounds for suspension or expulsion from the room WITHOUT REFUND for any time remaining. Please refrain from religious and racial remarks in the room and do not show links in public text to sites that are graphic in any nature, including nudity, racial references, and religious references. Political discussions are allowed in as much as the topic affects the market, but political discussions unrelated to the markets is inappropriate.
You agree to comply with all applicable laws in connection with your use of the Services. Further, access to our Services from certain territories is prohibited. You agree that you will not violate any data export laws in connection with your use of the Services if you reside outside the United States.
When you visit our Site, use any of our Services, or send us an email, you expressly indicate your consent to electronically receive any and all communications, notices, and or disclosures that we may provide in connection with your use of the Site and/or Services, including, without limitation, e-mail, in-app, and in-website chat communications. All agreements, notices and communications that we provide to you by email will satisfy all legal requirements that they be in writing and delivered to you. Tradesight.com will have the right to disclose any email sent by a User, or any objectionable material, to comply with legal process or to protect the rights or property of Tradesight.com, its customers, suppliers and Users. Any such notices may also include emails with promotional, marketing, and advertising information and recommendations that we believe may be of interest to you. Consistent with federal CAN-SPAM laws, if you do not wish to receive commercial emails, you may unsubscribe following the instructions on any email, excepting that we may still send you administrative and transactional notices, including, without limitation, information about your Account, confirmation of your registration for Courses, information about your progress, or other services that may be necessary to provide you with any one of the Services.
You understand and consent that we may, without further notice or warning and in our discretion, monitor or record telephone conversations you or anyone acting on your behalf has with us or our agents for quality control and training purposes or for our own protection. You acknowledge and understand that, while your communications with us may be overheard, monitored, or recorded without further notice or warning, not all telephone lines or calls may be recorded by us, and we do not guarantee that recordings of any particular telephone calls will be retained or retrievable.
We welcome all feedback, ideas, inventions, materials, and suggestions (“Feedback”) from our Users regarding our Services. You understand and agree that Tradesight.com does not waive any rights to use similar and/or related Feedback previously or contemporaneously known to it, whether developed by its employees, contractors, obtained from other sources, or submitted by other Users. Further, by submitting any Feedback, you grant us the right to use the Feedback without any restrictions on the use of such Feedback or any compensation to you.
23. Copyright Infringement Policy
Reporting Copyright Infringement. Tradesight.com takes claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from the Site infringes your copyright, you may request removal of those materials (or access to them) from the Site by submitting written notification to our Copyright Agent (designated below). In accordance with the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following:
- Your physical or electronic signature.
- Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the website, a representative list of such works.
- Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
- Adequate information by which we can contact you (including your name, postal address, telephone number and, if available, e-mail address).
- A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent or the law.
- A statement that the information in the written notice is accurate.
- A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
You may submit your DMCA Notice to the address below:
Copyright Agent – Tradesight.com Attn: Legal Department 1756 Gilpin Street
Denver, Colorado 80203
If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.
Please be aware that if you knowingly materially misrepresent that material or activity on this website is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
Repeat Infringers. It is our policy in appropriate circumstances to disable access to this Site and/or terminate the accounts of users who are repeat infringers.
24. Subscription Services
Although Tradesight.com offers Services in many parts of the world, certain Tradesight.com Services may not be available in or suitable for certain countries or locales. We reserve the right to discontinue or to make changes to, our Site and any of our Services at any time without advance notice.
25. DISCLAIMER OF WARRANTIES
THE SITE AND SERVICES ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY. NO CONTENT ON OUR SITE IS INTENDED TO CONSTITUTE PROFESSIONAL ADVICE, WHETHER MEDICAL, FINANCIAL, LEGAL OR OTHERWISE. YOUR USE OF THE SITE AND SERVICES IS AT YOUR SOLE RISK. THE SITE AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TRADESIGHT.COM MAKES NO REPRESENTATION OR WARRANTY THAT THE SITE OR SERVICES WILL MEET YOUR REQUIREMENTS, OR WILL BE UNINTERRUPTED, SECURE, CURRENT OR ERROR-FREE, OR THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE AND SERVICES WILL BE ACCURATE, TIMELY, USEFUL OR RELIABLE. TRADESIGHT.COM DISCLAIMS ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, WITH RESPECT TO THE USE OF THIS WEBSITE AND ITS SERVICES, OR THE ACCURACY, COMPLETENESS, TIMELINESS OR CURRENTNESS OF ITS CONTENT, IN ANY WAY AND FOR ANY PURPOSE.
26. EXCLUSION OF CONSEQUENTIAL DAMAGES
IN NO EVENT WILL TRADESIGHT.COM BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR INDIRECT DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THIS WEBSITE OR ANY OF ITS SERVICES OR CONTENT, OR LOSS OF DATA, EVEN IF TRADESIGHT.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, PRODUCT LIABILITY, STRICT LIABILITY OR OTHERWISE.
27. EXCLUSION OF LIMITATIONS AND DISCLAIMERS
BECAUSE SOME JURISDICTIONS, SUCH AS NEW JERSEY, RESTRICT OR DO NOT ALLOW THE DISCLAIMER OF WARRANTIES, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS TRADESIGHT.COM’S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
28. Non-Competition Agreement
You agree that you, on behalf of or in conjunction with others, will not compete with the business of the company, or have any interest in such business enterprise which shall be engaged in competition, as proprietor, partner, employee, shareholder, principal, agent consultant, director, officer, or in any capacity or manner whatsoever, anywhere while you are a Subscriber or Mentorship user of the Services or at any time for five years after you cease to be one, in any English language cyberspace market in the world. You also agree not to lend money to any persons for the reason of creating a service that competes with the company for the same period of time.
You agree that monetary damages is not an adequate remedy for any violation of this Non-Competition Agreement and consent to injunctive relief as a remedy for any violation of this Agreement. You agree that in the event that an ex parte temporary restraining order, or a preliminary injunction is sought from you, that a bond in the amount of $1,500 U.S. dollars is reasonable and sufficient.
29. Indemnification, Jury Trial Waiver, and Disputes.
The TOU shall be governed by the laws of the State of Colorado without giving effect to any principles of conflicts of laws. Each User hereby agrees to the non-exclusive jurisdiction and venue of the state courts of the City of County of Denver in the State of Colorado to the exclusion of any federal diversity jurisdiction.
In the event of litigation, you agree to accept substituted service of process by e-mail at any e-mail address you have provided to us, by text message at any cell phone number you have provided to us, and by mail at any mailing address that you have provided to us, in lieu of personal service of process.
You agree to pay the attorneys’ fees and litigation costs incurred by Tradesight.com in connection with the enforcement of this Agreement before and after litigation in a court is commenced and whether or not litigation in a court is ever commenced. You will not be entitled to your attorneys’ fees and costs in the event of a dispute even if you prevail in the litigation.
You agree that this is not an agreement for personal, consumer or household services in the sense of the Fair Debt Collections Practices Act and any parallel state legislation.
In the event of any dispute arising under this agreement you waive the right to a jury trial.
You agree that Tradesight.com may seek relief in court under this agreement, notwithstanding any other mediation, arbitration or ADR agreement you may have reached at any time with Tradesight.com, and waive your right to any ADR forum.
You agree to defend, indemnify, and hold us, our employees, agents, professional advisors including attorneys and any other representatives harmless against claims, actions, expenses (including attorney fees), and other costs in connection with or arising from any part of this agreement, or from any actions you take as a result of using the resources of Tradesight.com, including for your violation of any law or regulation or that your use infringes or otherwise violates any intellectual property or other proprietary right of Tradesight.com or any person or entity.
You waive all liability of any kind from our employees, agents, professional advisors including attorneys and any other representatives arising from the simple negligence of any one of them, or imposed upon any one of them on a strict liability basis for any reason other than the liability of Tradesight.com for breach of contract.
You agree that the breach of any duty set forth in this agreement shall be enforced exclusively as a breach of this agreement even if that breach involves conduct also prohibited by another source of duty arising from a source other than this agreement.
Any amounts owed by you to Tradesight.com from a breach of this agreement shall be due from the date of the breach together with interest at the rate of 24% per annum, compounded monthly, together with any other amounts owed including attorneys’ fees and costs as set forth above from the date incurred.
This TOU, and any applicable TOS, constitute the entire agreement between each User and Tradesight.com governing the User’s access to and use of the Site and its Services, and supersede all prior agreements regarding its subject matter.
If any provision of the Agreement is invalid or unenforceable under applicable law, the remaining provisions remain in effect. This agreement shall be deemed to have been made in the State of Colorado which Tradesight.com is organized.
The failure by a User or Tradesight.com to exercise any right or to enforce any provision of this TOU shall not constitute a waiver of such right or provision. If any provision of this TOU is found by a court of competent jurisdiction to be invalid or unenforceable, the court shall give effect to the intentions reflected in the provision to the degree possible, and the other provisions of this TOU will remain in full force and effect. It is the express will of Tradesight.com and each User that this TOU and any applicable TOS have been prepared in English.
31. Requirements For Special Services
If you are subscribing to the Stock Subscription service, you agree that you are familiar with the general concepts Stock Market. Market direction is a very important piece of the puzzle, and to blindly enter any trade ideas mentioned without proper market support is not the intended use of these materials. In addition, you agree that you understand that the majority of people that use the Stock Subscription have taken the Tradesight Stock Mentorship Program and are fully trained on how to utilize the information provided in the Stock Subscription.
If you are subscribing to the Forex Subscription service, you agree that you are familiar with the general concepts of the Forex Market. Forex (or currency) trading involves leveraged financial instruments, and no one should trade currencies without a full understanding of the risks associated with such trading, particularly in regard to not keeping strict stop loss orders. In addition, you agree that you understand that the majority of people that use the Forex Subscription have taken the Tradesight Forex Mentorship Program and are fully trained on how to utilize the information provided in the Forex Subscription.
If you are subscribing to the Futures Subscription service, you agree that you are familiar with the general concepts of the Futures Market. Futures trading involves leveraged financial instruments and contracts, and no one should trade futures without a full understanding of the risks associated with such trading, particularly in regard to not keeping strict stop loss orders. In addition, you agree that you understand that the majority of people that use the Futures Subscription have taken the Tradesight Futures Mentorship Program and are fully trained on how to utilize the information provided in the Futures Subscription.