In order to utilize our website, you must accept these terms and conditions, which you must read in its entirety; 

These Terms and Conditions of Service and Use of www.TrickTrades.com (the “Terms and Conditions”) are hereby made effective as of Jan 1, 2018 by TrickTrades and 2121926 alberta ltd. (“TrickTrades” or “we” or “us” or “our”), and, without waiving or otherwise releasing any right or obligation under any prior terms and conditions of the use of www.TrickTrades.com, hereby amend and restate any such prior terms and conditions.

• www.tricktrades.com, www.tricktrades.mykajabi.com and all related content, materials and services (collectively, the “Site”) is an online resource related to the trading of securities that provides its customers and members with interactive chat rooms, trading, and educational classes, materials and resources for use by customers and members in connection with their trading activities.
• In consideration of each member or customer’s (each, a “customer” or “you”) access to and use of the Site, we require every members and customer to act with integrity, to our rules for the Site, and to abide by these Terms and Conditions and each other rule, regulation or other policy of TrickTrades.

You agree to read these Terms and Conditions carefully and retain them for future reference. You understand, acknowledge and agree that these Terms and Conditions govern all aspects of use of the Site and the products and services of TrickTrades. By agreeing to these Terms and using and accessing the Site, you acknowledge that you have received, read and understood these Terms and Conditions and the Privacy Policy of TrickTrades.

If you are unwilling to be bound by these Terms and Conditions, you will not click “I AGREE” or become a paid member in connection with your acceptance of these Terms and Conditions, and will not use or access the Site. YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT CLICKING “I AGREE” OR USING THE SITE AFTER BECOMING A PAID MEMBER IS THE LEGAL EQUIVALENT OF YOU MANUALLY SIGNING THESE TERMS AND CONDITIONS, AND THAT YOU WILL BE LEGALLY BOUND BY THESE TERMS AND CONDITIONS.

General Terms

By clicking “I Agree” as well as utilizing or accessing the Site, you in this manner agree, (a) that you have gotten, read and understood these Terms and Conditions, and they make a binding and valid agreement, enforceable against you as per the terms about, (b) to be bound by these Terms and Agreements, any terms, conditions or different rules or principles, guidelines, rules, or policies of TrickTrades, as each might be revised or enhanced every once in a while with our discretion without notice, and (c) that your utilization of the Site will conform to all material government, state and local laws, rules or guidelines, and that you are exclusively liable for your compliance with, knowledge of and comprehension of any such regulations, rules or guidelines appropriate to your utilization of the Site. If you disagree with any part of these Agreements, you are denied from utilizing or getting to the Site.

Also, and without restricting the prior, by utilizing or accessing the Site, you address and warrant to us that you: (a) are eighteen (18) years old or more established, (b) are not at present confined from utilizing the Site, or not in any case denied from having an account with us, (c) are not a competitor of TrickTrades, or occupied with any type of business or activity indirectly that could be considered a competitor with TrickTrades and are not involving any circumstance that might be in rivalry with the Site or some other product or service provided by TrickTrades, (d) have full power and position to go into and play out these Terms & Conditions, and doing as such won’t abuse some other consent to which you are a party, (e) won’t disregard or vioate any rights of TrickTrades, including, without constraint, intellectual property rights and privileges, for example, patent, copyright or trademarks,brand name freedoms, and (f) consent to use, provide, and maintain at your own risk, cost, all expenses including hardware, programming, and internet access necessary to utilize the Site.

Without restricting the previous or some other arrangement concerning this, you recognize and concur, as follows:

• The materials, services, content, materials, and other intellectual property contained or embodied in the Site are owned by TrickTrades and are protected by patent, copyright, trademark and other similar laws;
• You will not take any other action that could result in any damage or disruption to the Site, or that could otherwise result in any liability, damages, costs or expenses on the part of TrickTrades.
• You will not use patented, copyrighted, trademarked or other protected intellectual property without the written consent and authorization of the owner of such property;
• You will not post or make any defamatory, disparaging or false statements, claims or allegations related to the Site, TrickTrades, or any other product or service of TrickTrades (including but not limited to posts on social media, comments in chat, or bad or harmful reviews);
• You will not bully, intimidate, or harass any person;
• You will not promote, offer for sale or sell any product or service, including, without limitation, any financial or investment product, security or service, or any contest or promotion;
• You will not transmit, send or otherwise post unauthorized commercial communications (such as spam), or other similar materials or advertisements, using the Site;
• You will not share personal information with members, or request personal information from members.
• You will not access the Site using any automated means, including, without limitation, harvesting bots, robots, spiders, or scrapers;
• You will not engage in multi-level marketing using the Site, including, without limitation, pyramid schemes and similar marketing concepts;
• You will not upload, use or disseminate viruses or other malicious code or other abusive scripts or processes;
• You will not solicit login, account or other personal information of another person or request or obtain access to an account of another person;
• You will not post content that is hateful, threatening, or pornographic, incites violence, or contains nudity, graphic material, gratuitous violence or anything else found to be objectionable by TrickTrades in its sole discretion;
• You will not use the Site in any manner that is, or could reasonably be construed to be, in violation of these Terms and Conditions, fraudulent, misleading, malicious or discriminatory;
• You will not take any action that could disable, overburden, or impair the operation or availability of the Site, such as a denial of service attack;
• You will not engage in manipulative practices designed to hide the true intent of your submissions to the Site, or to artificially generate traffic to another website;
• Not to facilitate or encourage any violations of these Terms and Conditions;
• You will not make your account or any portion thereof or the services provided thereby available to the general public or any portion thereof;
• You will not issue chargeback disputes against TrickTrades.
• You will not copy, distribute or disseminate the Site or any portion thereof, and not to transfer the Site, or any portion thereof, to another person or “mirror” the Site, or any portion thereof, on any other server;
• You will not decompile or reverse engineer, or attempt to decompile or reverse engineer, the Site or any portion thereof; 
• You will not use the Site in any manner that is, or could reasonably be construed to be, unlawful, including, without limitation, in violation of any law, rule or regulation related to securities or investments, or any rules or regulations by the U.S. Securities and Exchange Commission, and/or rules of any national or other securities exchange and any regulations or other pronouncements having the force of law;

All content, materials and services related to the Site shall be solely used for, and you hereby agree to solely use it for, your own personal use in connection with your trading activities, and for no other use.

Violating any of the aforementioned will result in immediate removal from TrickTrades and forfeits your right to request a refund.

 

Ownership; Limited License

We may offer one or more membership subscription programs (also “membership” or “subscription”) on our website. The pricing for any such membership will be clearly stated on the applicable order form.

To become a member of our website we ask that you provide your email address and to provide certain personally identifiable information including your first and last name address, phone number and your date of birth, and we will assign to you a membership number or other identifier.

If we have any reason to believe that such information you provide to us is untrue in accurate or incomplete we have the right in our sole determination suspend or terminate your membership and refused any and all current or future use of our website or any portion thereof by you; we have the right to do this without notice to you.

When you provide us with your email address you are consenting to our use of the same to send you required notices related to our services which may include, amongst other things, notices required by law instead of using the United States Postal Service; you may not opt out of service notices required by law. We also may send you other messages including content information, membership features or offers regarding our online material and other information about us by email address or to your mobile telephone number if you use a mobile device.

Becoming a member of TrickTrades and utilizing the Site, TrickTrades grants you a restricted revocable license to utilize the Site, and its services, content, and materials exclusively for your own utilization and for the reasons set out on the Site, and dependent upon these Terms and Conditions and any remaining principles, guidelines, rules, and strategies adopted by TrickTrades regarding the Site, which might be altered by TrickTrades it’s sole discretion and without notice. Such restricted revocable license is openly revocable and limited by TrickTrades whenever, without cause and in the sole caution of TrickTrades. Without restricting the prior, this restricted revocable license will be terminated upon any infringement of these Terms and Conditions or some other rule, guideline or strategy of TrickTrades. Upon termination or end of this restricted revocable license, you will, and therefore consent to, delete, dismantle or destroy any materials (electronic or in any case) connected with the Site that stay in your ownership or control, and recognize that after such termination or end TrickTrades might deny your admittance to the Site and some other TrickTrades services, materials or content in its only caution. Any private data of a client whose restricted revocable permit is denied or ended by TrickTrades will be protected or discarded as per the terms of the Privacy Policy of TrickTrades. Any data you submit to TrickTrades is at your own risk of loss, or misfortune, and TrickTrades accepts no responsibility or liability therefor.

We reserve the right to reject or terminate the use of any username that we deem, in our sole discretion, as offensive or inappropriate.

TrickTrades holds for the most part opportunities not unequivocally permitted in these Terms and Conditions, including, without limitation, title, intellectual property rights ,ownership, licensed innovation freedoms, and any remaining right, title and interest in and to the Site, the services and products of TrickTrades, and all relevant services, content, materials, and different reports, data or items, including any duplicates or subsidiary works thereof. You acknowledge and agree that the Site, relevant services, content, materials of TrickTrades, and all associated substance, materials, organizations, and different archives, documents, information or things, including any copies or subordinate works thereof, is held by TrickTrades, and is safeguarded by copyright, trademark, intellectual property rights, and other licensed innovation regulations. You further recognize and concur that the Site, the items, products, and services of TrickTrades, and related content, materials, administrations, and different records, data or things, including any duplicates or subsidiary works thereof, contains specific exclusive information and data of TrickTrades, that you won’t involve this information or data for any unlawful or unapproved reason, and that you will utilize sensible endeavors to shield them from illegal circulation or use.

Furthermore, you allow TrickTrades a preferential, world-wide, permanent, unending, limitless, openly assignable and sublicensable, completely settled up and royalty-free right to utilize, duplicate, plan acquired works of, improve, convey, distribute, eliminate, hold, add, process, evaluate and market, in any capacity presently known or later on found, any data, content, thoughts, ideas, procedures, information or ideas submitted to the Site to improve or adjusting the Site, or any content, procedures, materials or administrations, or to create new or growing new content, procedures, materials or administrations or item connected with, emerging from or accompanying like the Site, with no further permission, notice or compensation to you or to any outsider parties.

YOUR MEMBERSHIP WILL AUTOMATICALLY RENEW AND WE WILL AUTOMATICALLY BILL YOU FOR THE RENEWAL UNLESS YOU CANCEL YOUR SUBSCRIPTION. WE WILL BILL YOU FOR RENEWALS USING THE PAYMENT OPTION YOU SELECTED AND AUTHORIZED AT THE TIME OF YOUR INITIAL SUBSCRIPTION PURCHASE; SEE DETAILS ON CANCELLATION BELOW.

 

Consent to Utilize Audio, Video and Photography from Live Events

TrickTrades may organize, produce, and host live events. These may be recorded and photographed to use in marketing or the creation of new educational content. By attending any of these events, you agree to allow TrickTrades to utilize audio, video, and photographs you may appear in. 

Purchases and Refunds

Through the Site, TrickTrades makes both individual items available for purchase and membership, enrollment or other intermittent charge based administrations. For individual items bought through the Site, a legitimate credit card will be expected to finish the purchase and the purchase will be charged to the credit card simultaneously with the purchase on the Site. Whenever you buy a singular item, you will get a streaming or computerized form; no actual duplicates of items or different materials will be delivered, shipped or given to you.

While buying membership, enrollment or other occasional fee based services with respect to the Site, a substantial credit card will be expected for charging. You thusly agree to, recognize and permit TrickTrades to store (or use an outsider to store for the benefit of TrickTrades) such installment data and consent to the accompanying policies and methods for installment and payment of membership, participation or other occasional expenses connected with the Site.

Immediately upon signing up for an account or other periodic fee-based services on the Site, the fees associated with the first period or term of your selected account or service (monthly, quarterly, annual, as applicable) will be charged to such credit card. Within ten (10) business days prior to the expiration of the initially selected period or term, and each subsequent such period or term until your account or other periodic service is cancelled in accordance with these Terms and Conditions, the fees associated with your selected account or service for the following applicable period or term will be automatically renewed, and an amount for your renewed account or service will be billed and charged to such credit card by TrickTrades in accordance with the Site’s then-current pricing schedule. If the credit card associated with your account or service should expire, terminate or any payment is otherwise rejected by the issuing company, TrickTrades may immediately terminate your account or service. It is solely your responsibility to ensure (1) that valid credit card information remains on file for your account or service and the automatic renewal thereof, and (2) that a valid email address remains on file for your account or service for any communications from TrickTrades related thereto.

All payments made to TrickTrades in connection with any product purchased or account or service, and any renewal thereof, are non-refundable; and TrickTrades does not offer, and is not required to provide, any refunds or credits for any reason, including, without limitation, satisfaction or your failure to cancel your account or service prior to its automatic renewal. There is no circumstance in which you will be entitled to, or TrickTrades is required to provide, a refund or credit for any reason, including, without limitation, satisfaction or your failure to cancel your account or service prior to its automatic renewal.

All fees charged by TrickTrades in connection with any product purchased or account or service of the Site are exclusive of any taxes, levies, or duties imposed by any taxing authority, and you shall be, and hereby are, responsible for the payment of all such taxes, levies, or duties arising from your purchase of products or use of the Site.

Changes to the TrickTrades Site and Pricing

TrickTrades reserve the right to change or add to the terms of this agreement from time to time and will post the same on the website; all changes or additions will then be effective immediately and you are expected to apprise yourself of any such changes or additions and if you do not agree with the same, you are to discontinue the use of our website.

TrickTrades maintains all authority to, and you recognize and concur that TrickTrades may, alter the Site, including without restriction the services, content,and,materials and administrations offered along these lines, and the expenses,fees,and pricing related with the Site whenever and without notice. Without restricting the consensus of the prior, TrickTrades holds the right whenever and every now and then to adjust or cease, briefly or for all time, the Site (or any part or piece thereof) without notice. Any new features that expand,change or improve the then-current adaptation of the Site, including the adoption of new devices and assets, will be dependent upon these Agreements and may result, in TrickTrades’ only circumspection, to a cost increment. TrickTrades will not be responsible to you, or to any outsider, for any harms, expenses, costs or different liabilities connected with any alteration, value change, suspension or discontinuance of the Site.

Without restricting the prior, TrickTrades might utilize certain notification alerts or comparable communications to make you aware of specific alterations to the Site or the evaluating related therewith. Then again, notice might comprise of an email from TrickTrades or the Site to an email address related with your record or account, regardless of whether we have other contact data. You likewise concur that TrickTrades might speak with you through any suitable means including email, portable number, courier bots, Facebook informing, texting, phone, or conveyance administrations, including the postal assistance, about your record or administration or any items or administrations related with the Site. You recognize and concur that we will have no risk related with or emerging from your inability to keep in touch or other data, including, however not restricted to, your inability to get basic data regarding the Site,fees,or pricing.

TrickTrades Account Termination

TrickTrades reserves the right to investigate violations of any of these Terms and Conditions or any other policies of TrickTrades or the Site, or any other violations of any state, federal or local law, rule or regulation, and to pursue any remedy available to TrickTrades whether at law, in equity or otherwise. You hereby acknowledge and agree that TrickTrades may notify, involve and cooperate with law enforcement authorities in investigating and prosecuting users who violate these Terms and Conditions or any other policies of TrickTrades or the Site, and any other violations of any state, federal or local laws, rules or regulations. You further acknowledge and agree that TrickTrades has no obligation to, and does not, screen or monitor any users, information, materials or other content provided or made available through the Site, but has the right to do so at any time in its sole discretion. You further acknowledge and agree that TrickTrades may, in its sole discretion, remove or delete any entries, information, materials or other content, and terminate the subscription, membership or account (collectively, your “account”) of any user, that violates these Terms and Conditions or otherwise posts, submits, or disseminates content that TrickTrades finds, in its sole discretion, to be objectionable.

You acknowledge and agree that TrickTrades may, in its sole discretion, cancel, suspend or terminate your account if you breach these Terms and Conditions. TrickTrades may refuse, in its sole discretion, to permit any use of the Site, and may refuse to permit any person to access or use the Site or your account for any reason at any time.

Cancellations

Your account or service may be cancelled, subject to the terms hereof, at any time; provided that, as set forth above, no refunds will be issued if your account or other periodic fee-based service is cancelled prior to the end of the applicable period or term.

When you cancel, you are solely responsible for properly canceling your account or service. Your account or service may be cancelled at any time by (i) clicking here or by clicking on the “Members” tab on the Main Menu, which is accessed, among other means, by the “Home” tab at the top of the home page of the Site, and by following the onscreen prompts, or (ii) by requesting such cancellation in writing by email to support@tricktrades.com which cancellation request must receive a confirmation of receipt from TrickTrades and which cancellation will be processed by TrickTrades in accordance with its timelines and procedures for email cancellations. Cancellation requests by telephone, facsimile or other means of communication cannot, and will not, be accepted, honored or effective. The cancellation of your account or service will immediately result in the deactivation and deletion of your account or service, the denial of access to the Site and the forfeiture and relinquishment of all content and information within or related to your account or service. No data, content or information can be recovered once your account or service is cancelled, and you assume all responsibility for preserving any data, content or information on your account or service prior to its cancellation. TrickTrades may retain data, content or information from your account after cancellation in backup and/or archival copies of the Site and related databases, but such copies, if any, will not be available to you.

General Renouncement And Disclaimer of Warranties

The Site is given on an “as is with no guarantees” and “as available” premise, without any warranties or guarantees at all.

TrickTrades renounces any warranties or guarantees for any data,information, content or advice acquired through the site; and, TrickTrades renounces any guarantees for administrations, or products got through or publicized on the site or gotten through any connections or links given by the site.

TrickTrades renounces to the furthest reaches allowed by regulation of law all express, inferred, and legal guarantees, including, without impediment, the guarantees of merchantability, qualification for a specific reason, and non-encroachment of exclusive privileges. without restricting the prior, TrickTrades renounces any guarantees in regards to the security, dependability, accessibility, administration levels, timeliness, and execution of the site; TrickTrades denounces all obligation for any cases, harms, misfortunes, expenses, damages, or costs (counting lawyer’s charges) connected with the accompanying, and doesn’t warrant that (I) the site will meet your particular necessities, (ii) the site will be continuous, convenient, accessible, secure or mistake free, (iii) that any outcomes might be acquired from your utilization of the site, or that any information, content or data on the site is, or will be, substantial, exact, opportune, satisfactory, complete, legitimate or in any case solid, (iv) the nature of any items, administrations, data, or other material bought or got by you through the site will live up to your assumptions, or (v) any errors in the site will be revised.

You understand, recognize and concur that your utilization of the site, and any content, administrations or other data or materials related thereto, is exclusively at your own prudence and risk and that you will be exclusively responsible for any obligation, guarantee, harms, damages, claims, misfortune, cost or cost, that outcomes from or emerges from your utilization of the site, or any satisfied, administrations or other data or materials related thereto. you therefore explicitly renounce and release and forgo any obligation, guarantee, harms, damages, claims, misfortune, cost or expense related to or arising from the warranties renounced by TrickTrades hereby.

Disclaimers

TrickTrades explicitly repudiates and reveals as follows, and you thus affirm that you comprehend, recognize and concur as follows, and explicitly renounce, discharge and forgo any risk, guarantee, harms, misfortune, cost or cost, conflicting with, connected with or emerging from the following:

 

Your Obligation

The Site and different services, products, and administrations of TrickTrades give exclusive content for informational and educational purposes only, and do not constitute “investment advisory services” administered by the Investment Advisers Act of 1940. TrickTrades, straightforwardly or in a roundabout way through the Site or its different items or administrations, doesn’t take part in any way of advising you financially (or others) as to the value of securities, the advisability of investing in, purchasing, or selling securities, or the issuance or promulgation of analyses or reports concerning securities. The content and information provided by TrickTrades, the Site and  the other products and services of TrickTrades, is solely incidental to the business and activities of TrickTrades

You remain exclusively responsible for all choices with respect to your buy and sale of securities, profitability or appropriateness for you of any security, investment, financial product, investment strategy or other matter, and all other matters related to your investments and investment strategies. TrickTrades does not and will not provide you with any investing, legal, tax, estate planning or accounting advice, or any advice regarding the suitability, profitability or appropriateness for you of any security, investment, financial product, investment strategy or other matter. You understand, acknowledge and agree that TrickTrades employees are not authorized to give any such advice, you will neither solicit nor rely on any investment advice from any TrickTrades employee. TrickTrades recommends that persons desiring to trade or invest in securities do so cautiously and only in consultation with their professional, licensed and qualified financial, legal, tax, estate planning and accounting advisors.

No information, content or data given by TrickTrades, the Site or different items, products and administrations of TrickTrades, is planned, and will not establish or be understood as, guidance or any suggestion to buy, sell, or trade any securities, or influence the purchase or sale of any security. TrickTrades is not registered as an investment adviser either with the U.S. Securities and Exchange Commission, any other federal or national governmental or regulatory authority, or any state securities governmental or regulatory authority, and the business and activities of TrickTrades do not require any such registration.

Data, Content and Information

No data, content or information provided by TrickTrades, the Site or the other products and services of TrickTrades, is intended, and shall not constitute or be construed as, advice or any recommendation to buy, sell or hold a particular security or pursue any particular investment strategy.

TrickTrades neither assumes responsibility for, nor guarantees the accuracy, currency, completeness or usefulness of information, commentary, recommendations, advice, investment ideas or other materials that may be accessed by you through the Site or the other products or services of TrickTrades. This includes, without limitation, any forum, chatroom or other online conference, telecast or posting through TrickTrades. If you choose to rely on such information, you understand, acknowledge and agree do so solely at your own risk. You understand, acknowledge and agree that the research, analysis, news or other information made available through the Site or the other products or services of TrickTrades is not investment advice and is in no way tailored to reflect any personal financial circumstances or investment objectives and the securities and investment strategies discussed may not be suitable for you. Any determination to purchase or sell securities or otherwise invest in securities must be made solely by you after your independent investigation and evaluation thereof based on your personal financials and other circumstances and without any reliance on the data, content or information provided by TrickTrades, the Site or the other products and services of TrickTrades.

TrickTrades cannot, and does not, independently verify, assess or guarantee the validity, adequacy, timeliness, accuracy or completeness of any data, content or information, the suitability or profitability of any particular security or investment, or the potential value of any security, investment or informational source. You bear sole responsibility for your own investment research and decisions, and should seek the advice of a professional, licensed and qualified securities professional before purchasing or selling any security or making any investment.

The forum and chatrooms on the Site are comprised of customers and members (including, without limitation, moderators who are in the employ of TrickTrades) posting content and information. All such information and content is for informational purposes only and does not constitute advice or a recommendation by TrickTrades to enter into any securities transactions or engage in any of the financial strategies reflected on or suggested in forum and chatrooms (whether such data, content or information is posted by TrickTrades or otherwise). Customers and members may write about securities in which they have a financial or other interest, and performance data reflecting other customer’s or member’s holdings may include information about securities not held by TrickTrades or its directors, officers, shareholders, employees, agents or affiliates. As such, TrickTrades is not responsible for the accuracy of data, content or information or any performance data in any forum or chatroom; and the accuracy of data, content or information or any performance data are not guaranteed, may not be current and should not be relied upon. Nothing in any forum or chatroom is intended as, nor should you rely on it as, investment advice provided by TrickTrades or its directors, officers, shareholders, employees, agents or affiliates.

TrickTrades does not control, and does not endorse, any data, content or information posted on the forum or chatroom on the Site. You understand, acknowledge and agree that your participation therein is at your own risk, and TrickTrades expressly disclaims responsibility for any such data, content or information. TrickTrades has the right (but not the obligation) to review and take down any data, content or information. You understand, acknowledge and agree that by accessing the forum or chatroom on the Site, you may be exposed to material that you deem to be offensive, indecent, obscene or otherwise objectionable. Under no circumstances will you hold TrickTrades, or its directors, officers shareholders, employees, agents or affiliates, liable for any such content displayed or made available through the Site, or for any loss or damage of any kind incurred as a result of your use of the forum or chatroom on the Site.

Without limiting the generality of the foregoing, you understand, acknowledge and agree that chat room moderators may call out or post both real and hypothetical trades and real and simulated or hypothetical returns for informational and educational purposes only.  Moderator commentary is opinion and ideas only and does not constitute any recommendation whatsoever, and you should not relay on such opinions and ideas which may not be complete or accurate.  Each of TrickTrades’s services, products and site are available for informational and educational purposes only. None of the information contained in the site (which includes, without limitation, our alerts service and chat room) constitutes, or is intended to constitute, a recommendation by us of any particular security or trading strategy or a determination by us that any security or trading strategy is suitable for any specific person.  We are publishers and educators only.

You understand, acknowledge and agree that MODERATOR results may be based on simulated or hypothetical performance, and such results have certain inherent limitations. Unlike the results shown in an actual performance record, such results do not represent actual trading.  Your actual results may differ from results reported for many reasons, including, without limitation: performance results do not reflect actual trading commissions that You may incur; performance results do not account for the impact, if any, of certain market factors, such as lack of liquidity, that may affect Your results; the investments chosen may be volatile, and server, delivery delays and other factors may cause the price You obtain to differ substantially from the price at the time of the alert; the prices of investments at the point in time You begin subscribing may be higher than such prices at the time such investments were chosen; You may not have the capital to trade as frequently as the moderator; and the size and timing of your purchase or sale of a stock may affect the price of the stock, among other reasons.

You understand, acknowledge and agree that, for informational and teaching purposes only, trades may be called out, posted, or alerted, but not executed.  You understand, acknowledge and agree that moderators may sometimes purchase or sell securities sooner or later than called out, posted or alerted.  Moderators are also not required to disclose all trades, and their positions may be inconsistent with trades.  Also, because some trades may not actually have been executed, results may have under-or-over-compensated for the impact, if any, of certain market factors, such as liquidity. Simulated or hypothetical trading programs in general are also subject to the fact that they are designed with the benefit of hindsight. You understand, acknowledge and agree that the Site contains simulated or hypothetical trading programs.  No representation is being made that any account will or is likely to achieve profits or losses similar to these being shown.

You understand, acknowledge and agree that TrickTrades and its directors, officers, shareholders, employees, agents and affiliates have no obligation to notify you as to which trades and returns are real versus simulated or hypothetical, and that TrickTrades, and its directors, officers, shareholders, employees, agents and affiliates do not verify moderator trade records or maintain records of moderator trades and results, and that moderators have no obligation to provide TrickTrades any data.

Through your use of the site, You expressly contract and consent to the operations of TrickTrades (including the moderator actions and omissions discussed above) and release TrickTrades, and its directors, officers, shareholders, employees, agents and affiliates from any liability, claim, loss, cost, expense, and any other damages arising from or relating to moderator statements (written or oral), actions and omissions, including real, simulated, or hypothetical trades and results. Trading in any security can result in immediate and substantial losses of the money invested. you Should only invest funds that are not allocated for other purposes, such as retirement savings, student loans, mortgages, education, or debt reduction, and that you can afford to lose.  Don’t trade with money you can’t afford to lose.

Activities of TrickTrades Personnel

TrickTrades, and its directors, officers, shareholders, employees, agents and affiliates, are active investors and traders of securities. Such parties may, not are not required to, purchase or sell any security, or engage in any investment strategy, contained in any data, content or information on the Site, or in the other products or services of TrickTrades. Such parties will purchase or sell securities, and engage in any investment strategies, in their sole discretion, at any time and without notice, and shall not, and are not required to disclose or otherwise notify you, or any other person or party, with respect to any such decisions or activities.  For the avoidance of doubt, such parties may not always adhere to TrickTrades strategies and are not required to disclose or notify you, or any other person or party, with respect to any such decisions or activities.  TrickTrades personnel adhere to their unique individual plans developed and implemented by them with or without TrickTrades, and experiences will not be duplicated and are not typical.

TrickTrades does not engage in, and its business and activities shall not constitute or be construed as, a business or activity with the purpose of creating a false or misleading appearance of active trading in any security, or a false or misleading appearance with respect to the market for such security, to effect any transaction in such security which involves no change in the beneficial ownership thereof, to enter an order or orders for the purchase of such security with the knowledge that an order or orders of substantially the same size, at substantially the same time, and at substantially the same price, for the sale of any such security, has been or will be entered by or for the same or different parties, or to enter any order or orders for the sale of any such security with the knowledge that an order or orders of substantially the same size, at substantially the same time, and at substantially the same price, for the purchase of such security, has been or will be entered by or for the same or different parties.

TrickTrades does not engage in, and its business and activities shall not constitute or be construed as, a business or activity to effect a series of transactions creating actual or apparent active trading in a security, or raising or depressing the price of such security, for the purpose of inducing the purchase or sale of such security by others.

TrickTrades does not engage in, and its business and activities shall not constitute or be construed as, a business or activity to effect a series of transactions for the purchase and/or sale of a security for the purpose of pegging, fixing, or stabilizing the price of such security in contravention of any law, rule or regulation.

You understand, acknowledge and agree that TrickTrades, and its directors, officers, shareholders, employees, agents and affiliates, engage in active trading of securities, but do not willfully participate in any activity described in the three preceding paragraphs. Accordingly, you hereby waive and release any and all claims, losses, damages, liabilities and any other costs and expenses (including attorneys’ fees), arising from or related to your purchase or sale of a security at a price that may have been affected by the business or activities of TrickTrades, or its directors, officers, shareholders, employees, agents or affiliates.

Investments and Results

When you interact in any manner with any or our volunteer moderators, including in any of our chat rooms, educational and/or informational topics may be discussed concerning the stock market, its technical analysis or trading techniques, trading strategies to minimize risk and enhance profits, to educate and inform the honing of your skills and confidence to begin to manage your own investments; trades represent the opinions solely of such trader who made the trade and any such opinion may have been expressed by them previously; trades do not reflect our opinion nor that of our affiliates, agents, representatives, members, employees and the like; and none of us guarantees any particular result(s) or profit(s) from the trades. Past performance is not indicative of future returns and you should not assume you will be profitable given the industry’s high failure rate. There is a learning curve to understanding the stock market and while we work to assist you in the learning curve, you must understand it’s more likely you will go through a period of failing until you either begin to trade more consistently or drop out. You must understand part of the learning curve is that before any trade you need to be educated and have a trading plan including a risk and stop in mind to prevent serious loss. Despite having a stop loss or plan there is no guarantee against any prevention of loss. Trust no one in the chat room or the Internet and if you are contacted via private message or email from any other members you should immediately alert a moderator.

TrickTrades or its Affiliates (as defined herein) may, at times, hold positions or interests in securities mentioned in the website or positions inconsistent with views from User Submissions, other affiliates, or other third parties and may trade for their own account(s) based on information presented at any time (e.g. into a spike, upon a sharp decline, etc.) and consistent with such party’s own trading plan.

Current Users and prospective users of our website should not assume they can replicate any trades reflected on the website or at the future performance of any specific investment, investment strategy (including the investments and/or investment strategies recommended and/or purchased by any of  Tricktrades owners, employeees, moderators, affiliates, or product referenced directly or indirectly on this website, will be profitable or equal to corresponding past performance levels.

• Investing in any investments, including those discussed in the website, is often very risky and speculative.
• The companies discussed on the website may be volatile and illiquid and you may lose 100% of your investment.
• There is no guarantee for success of any kind. Trading in such securities can result in immediate and substantial losses of the capital invested despite a personal trading plan.

There is a risk of loss, which may be substantial, in trading securities, options, futures and FOREX, and it requires that you consider all relevant risk factors which includes your own financial situation, before placing any trade; Options involve a risk that is not suitable for all investors. Further, trades may not be suitable for you and do not take into consideration your particular financial situation or your investment objectives; none of the trades are being recommended to you because they are for educational and/or information purposes; before engaging in any trading from information obtained from us, you should first determine if it is suitable for or will adversely affect you overall financial condition, portfolio or the level of risk you are comfortable with or that is involved; you may want to consult a licensed professional or your financial advisor prior to making any trades.

We, nor our spokesperson(s), member(s), director(s), employee(s), contractor(s), moderator(s), or any other representative(s) or agent(s), in any way or manner recommends or endorses any company, product, investment or opportunity.

Testimonials Disclaimer

With regard to testimonials, comments or endorsements posted on our website or sent to us, you acknowledged that Pat Mitchell or any of our members, moderators in any manner whatsoever, may use your testimonials, comments and or endorsement to promote and advertise our website. You hereby grant us permission to utilize your name, appearance, content or email or letter, voice and/or likeness in connection with any testimonial, comment or endorsement. This permission extends to publicity of our website in any and all manners and media throughout the world in perpetuity. You hereby waive any right that you may have to inspect or approve any testimonial, comment or endorsement prior to posting.

You acknowledge and agree that any contributions originally created by you for us shall be deemed a “work made for hire: when the work performed is within the scope of the definition of a work made for hire as defined in U.S. Copyright Act §101, as amended.

As such, the copyrights in those works shall belong to us from their creation and we shall be deemed the author and exclusive owner thereof and shall have the right to exploit any or all of the results and proceeds in an and all media, now know or hereafter devised, throughout the Universe, in perpetuity, in all languages, as we determine. In the event that any of the results and/or proceeds or your submissions hereunder are not deemed a “work made for hire” under Copyright Act §101, as amended, you hereby, without any additional compensation, irrevocably assign, convey and transfer to us all of you proprietary rights, including without limitation, all copyright, service mark, trade dress, trade secrets and trademarks throughout the Universe, in perpetuity in every medium, whether now known or thereafter devised, to such material and any all right, title and interest in and to all such proprietary right in every medium, thereto now known or hereafter devised, throughout the Universe, in perpetuity. Any posted material which is or are reproductions or prior works by your shall be co-owned by us.

In accordance with 16 CFR Part 255 and Federal Trade Commission Guidelines concerning use of endorsements and testimonials in marketing and advertising, please be aware of the following:

Endorsements, testimonials or descriptions of past performance from other customers or members are based upon their individual experiences and results with the Site, and the products and services of TrickTrades. These results and performances are not typical, and you should not expect to achieve the same or similar results or performance, and your results and performance are likely to vary or differ materially. The endorsements, testimonials or descriptions of past performance are individual experiences, reflecting real life experiences of customers or members, and are not representative of the results and performances of all customers and members.

Endorsements, testimonials or descriptions of past performance appearing on the Site were received pancekvia text, audio or video submission from customers or members. The endorsements, testimonials or descriptions of past performance (text, audio and/or video) are verbatim except for correction of grammatical or typing errors and editing for length. In other words, not the whole message received by the customer or member may be displayed, when it seemed lengthy or not all content seemed relevant for the general public. No endorsements, testimonials or descriptions of customers or members that appear on the Site involved payment or compensation therefor.

Third Party Websites

The Site, and other products and services of TrickTrades, may contain links to other websites or applications. The fact that we link to a website is not an endorsement, authorization or representation of our affiliation with that third party. TrickTrades has not reviewed all of the sites linked to or from the Site, or other products and services of TrickTrades, and is not responsible for the content of any such linked website. We do not exercise control over third party websites. Your use of links to other websites is at your own risk. We are not responsible for third party sites linked from the Site, or other products and services of TrickTrades, nor do we make any representation or warranties, express or implied, with respect to any such website, any content of such websites, or any products or services offered by any such websites, including but not limited to, accuracy, completeness, reliability, suitability, non-infringement, merchantability or fitness for a particular purpose.

Limitations of Liability

Whether or not advised of the possibility of such damages, tricktrades, and its directors, officers, shareholders, employees, agents and affiliates, shall not be liable to you, under any legal or equitable theory, for (a) any consequential, incidental, punitive, exemplary, special or indirect damages of any kind, including without limitation lost profits, revenues and business, arising out of, under or relating to these terms and conditions, your use of the site or otherwise related to or arising from the products or services of tricktrades, or (b) any damages of any kind arising out of, under or relating to the site or otherwise related to or arising from the products or services of tricktrades, in excess of three times the most recent monthly fee paid by you in connection with the site, if any, or $300, whichever amount is greater.

This limitation of liability shall apply regardless of whether the limited remedies provided herein fail of their essential purpose, and shall not apply to any damage to you intentionally caused by tricktrades in violation of these terms and conditions or applicable law, or as otherwise mandated by applicable law that cannot be disclaimed by these terms and conditions.

Indemnification

You agree to defined, indemnify and hold TrickTrades, our affiliates and each of our and their respective directors, members, officers, managers, subscribers, partners, employees, shareholders, agents, representative and licensors harmless from and against any and all losses, expenses, damages and costs, including reasonable attorney(s) fees that arise out of or are related to your use of our website and it’s products, services, materials and/or content in violation of this agreement by you or any other person using your account, or your violation of any rights of any other person. You agree to defend, indemnify and hold us our affiliates and each of our and their respective directors, members, officers, managers, subscribers, partners, employees, shareholders, agents, representative and licensors harmless from and against any and all losses, expenses, damages and costs, including reasonable attorney(s) fees that arise out of or are related to your purchase of our products and services. We reserve the right to take over the exclusive defense of any claims from which we are entitled to indemnification under this agreement and in such event, you agree to provide us with such cooperation and information as is reasonably requested by us.

 

Privacy and Personal Information

You are responsible for protecting the confidentiality of any subscription identification, numbers, codes, user name, log in data, passwords or credit identification numbers or codes that we give you in connection with your use of our website.

You agreed to notify us immediately of any unauthorized use of subscription identification numbers codes and passwords or credit information numbers or any other breach of security by contacting us at support@tricktrades.com at any time. We will not be responsible or liable for any losses you incur from the unauthorized use of your membership identification number, codes, user name, log in data, passwords or credit identification numbers or codes; you agreed to and to defend indemnify and hold us harmless from any unauthorized or illegal uses of such information.

From time to time we may monitor and/or recall record telephone calls between you and us to ensure the quality of our customer service or as required by applicable law.

TrickTrades shall have the right to use and disclose any information provided by you through the Site, or other products or services of TrickTrades (including but not limited to information provided through e-mail) or made available through your use of the Site, for any lawful purpose, unless you indicate otherwise in accordance with the policies and procedures therefor of TrickTrades. In no event shall you be entitled to any compensation for the use of any of such information. Please see the Privacy Policy for further details.

Modifications

TrickTrades reserves the right to revise these Terms and Conditions at any time without notice. By using the Site, you are agreeing to be bound by the then-current version of these Terms and Conditions, and your continued use of the Site reaffirms your agreement to the then-current Terms and Conditions. You agree to consult the Site regularly for up-to-date information about these Terms and Conditions and the Privacy Policy.

TrickTrades may make changes to the Site, and the other products and services of TrickTrades, at any time without notice. TrickTrades does not, however, make any commitment to update the Site, and the other products and services of TrickTrades.

Governing Law

Any claim under these Terms and Conditions or otherwise related to the Site or TrickTrades shall be governed by the laws of the Alberta, Canada without regard to its conflict of law provisions, and shall be exclusively resolved by a state or federal court located in Alberta, Canada. You agree to submit to the personal jurisdiction of the courts located within Alberta, Canada or another location of TrickTrades’s choosing, for the purpose of litigating all such claims. Notwithstanding the above, you agree that TrickTrades shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.  Except as otherwise provided herein, you agree that any controversy or claim, whether at law or equity, arising out of or related to the provision of services or materials by TrickTrades, regardless of the date of accrual of such dispute, shall be resolved in its entirety by individual (not class-wide nor collective) binding arbitration.

The Site, and the other products and services of TrickTrades, are solely directed to and intended for individuals residing in the United States. Those who choose to access and use the Site, and the other products and services of TrickTrades, from other locations do so at their own risk, and are responsible for compliance with all laws, rules and regulations applicable thereto. TrickTrades reserves the right to limit the availability of the Site, and any other products or services of TrickTrades, to any person, geographic area, or jurisdiction, in any manner and at any time, in its sole discretion.

Severability

If any provision of these Terms and Conditions is found by a court of competent jurisdiction or arbitrator to be illegal, void, or unenforceable, the unenforceable provision will be modified so as to render it enforceable and effective to the maximum extent possible in order to effect the intention of the provision; and if a court or arbitrator finds the modified provision invalid, illegal, void or unenforceable, the validity, legality and enforceability of the remaining provisions of these Terms and Conditions will not be affected in any way.

Entire Agreement

You agree that these Terms and Conditions constitute the entire, complete and exclusive agreement between you and us regarding the Site and the products and services of TrickTrades, and supersedes all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of these Terms and Conditions. The provisions of these Terms and Conditions shall survive any termination thereof indefinitely.

Waivers

Our failure to act with respect to a breach of these Terms and Conditions by you or others does not waive our right to act with respect to that breach or subsequent similar or other breaches.

 

Questions?

Questions about these Terms and Conditions, and billing should be addressed to support@tricktrades.com 

IF YOU DO NOT AGREE WITH ANY TERM OR PROVISION OF THESE TERMS AND CONDITIONS, PLEASE EXIT THE SITE IMMEDIATELY.  PLEASE BE ADVISED THAT YOUR CONTINUED USE OF THIS SITE OR THE PRODUCTS OR INFORMATION PROVIDED THEREBY SHALL INDICATE YOUR CONSENT AND AGREEMENT TO THESE TERMS AND CONDITIONS.