USER AGREEMENT, TERMS, AND CONDITIONS
LAST UPDATED on April 23, 2021
Your access to or use of TradeTool4Profit.com website constitutes your agreement to the following terms and conditions:
The TradeTool4Profit.com website is published by iVest Plus, Inc. (hereafter referred to as “IVP”). These are the terms and conditions on which you may use the TradeTool4Profit.com website (hereafter referred to as “Website”, TradeTool4Profit.com mobile and other online services (hereafter collectively referred to as “TT4P”). These terms apply to your use of TT4P and all content irrespective of the delivery platform or device you use to access it. By accessing TT4P, you are agreeing to these terms and conditions.
If you do not agree with the terms and conditions (or are not authorized to do so on behalf of your business or work) you should not use what is defined as TT4P.
TT4P publishes trades executed on a simulated account. TT4P is not intended to provide tax, legal, insurance or investment advice. Nothing on TT4P should be construed as an offer to sell, a solicitation of an offer to buy, or a recommendation for any security published by TT4P or any third party. You alone are solely responsible for determining whether any investment, security or strategy or any other product or service, is appropriate or suitable for you based on your investment objectives and personal and financial situation. You should consult an attorney or tax professional regarding your specific legal or tax situation.
Stock and Options involve risk and are not suitable for all investors. Prior to buying or selling an option, a person must receive a copy of Characteristics and Risks of Standardized Options (PDF). Copies of this document may be obtained from your broker or from any exchange on which options are traded or through this link: https://www.theocc.com/Company-Information/Documents-and-Archives/Options-Disclosure-Document
TT4P subscribers must check with individual broker(s) for details, questions and understanding the risks when executing, adjusting or closing the trades. Individual brokerage execution will vary. TT4P is not responsible for subscriber or broker errors when executing any trade(s).
THERE MAY BE OMISSIONS OR INACCURACIES ON THIS WEBSITE, AND YOUR ABILITY TO ACCESS THIS WEBSITE MAY, FROM TIME TO TIME, BE DELAYED AND/OR INTERRUPTED DUE TO SCHEDULED AND/OR UNSCHEDULED CAUSES. THIS WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTY OF ANY KIND. TT4P MAKES NO EXPRESS, IMPLIED OR STATUTORY REPRESENTATION OR WARRANTY REGARDING THIS WEBSITE TO THE FULLEST EXTENT PERMITTED BY LAW. TT4P SPECIFICALLY DISCLAIMS ALL REPRESENTATIONS OR WARRANTIES AS TO THE ACCURACY, COMPLETENESS, TIMELINESS, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OF THIS WEBSITE, AND ALL REPRESENTATIONS OR WARRANTIES ARISING FROM CUSTOM OR USAGE OR BY OPERATION OF LAW.
TT4P ACCEPTS NO RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN, OR THE CONSEQUENCE OF RELYING OR ACTING UPON, INFORMATION AVAILABLE THROUGH THIS WEBSITE OR ANY THIRD-PARTY SITE ACCESSED THROUGH THIS WEBSITE. ANY RISK OF VIRUSES OR OTHER FORMS OF ELECTRONIC CONTAMINATION REMAINS, AT ALL TIMES, WITH THE USER OF THIS WEBSITE. TT4P HAS NO RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS OR THE CONSEQUENCE OF RELYING OR ACTING ON INFORMATION AVAILABLE THROUGH THIS WEB SITE OR ANY SITES AVAILABLE THROUGH THIS WEBSITE.
IN NO EVENT WILL TT4P BE LIABLE FOR ANY CLAIMS FOR DAMAGES INCLUDING DIRECT, INDIRECT, CONSEQUENTIAL OR SPECIAL DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF YOUR USE OF OR RELIANCE ON THIS WEBSITE.
TT4P offers subscription services through the Website and recommends that you read all content contained on the Website fully for more details and before purchasing a subscription.
Unless you purchase a subscription to use TT4P then your usage rights will be limited. You may obtain broader usage rights by purchasing a TT4P subscription. TT4P reserves the right to vary the amount of content and types of service that it makes available to different categories of user which mean that we may increase or reduce the content and services that are only available to paying subscribers from time to time.
TT4P will try to process your subscription promptly but does not guarantee that your subscription will be activated by any specified time. By submitting your payment and other subscription details, you are making an offer to TT4P to buy a subscription. Your offer will only be accepted by TT4P and a contract formed when TT4P has successfully verified your payment details and email address, at which point TT4P will provide you with access to your subscription. TT4P reserves the right to reject any offer in its sole and absolute discretion, for any or no reason.
When you subscribe you must provide TT4P with complete and accurate payment information. By submitting payment details you promise that you are entitled to purchase a subscription using those payment details. If TT4P does not receive payment authorization or any authorization is subsequently canceled, TT4P may immediately terminate or suspend your access to your subscription and may in suspicious circumstances contact the issuing bank/payment provider and/or law enforcement authorities or other appropriate third parties. If you are entitled to a refund under these terms and conditions, TT4P will credit a refund to the card or other payment method you used to submit payment, unless it has expired in which case, TT4P will contact you. If you buy a subscription using a corporate credit card, then TT4P will treat your subscription as being for the benefit of both you and the relevant company.
The subscription price will be made clear to you on TT4P sign-up pages or otherwise during the sign-up process and may vary from time to time or by country. You agree to pay the fees at the rates notified to you at the time you take out your subscription. For certain subscriptions, you can take out either an annual or monthly (or other frequency that TT4P offer) subscription. Other subscription services may only require a one-off payment. You can also take out any other fixed term or payment frequency that TT4P may offer from time to time. TT4P will charge you in British Pounds Sterling, United States Dollars, Euros, Singapore dollars, Australian dollars, Hong Kong dollars, Swiss Francs or Japanese Yen depending on the service and your country of residence. You may also have to pay any applicable local taxes. Eligibility for any discounts is ascertained at the time you subscribe and cannot be changed during the term of your subscription. TT4P will always tell you in advance of any increase in the price of your subscription and offer you an opportunity to cancel if you do not wish to pay the new price.
If TT4P incorrectly states a price to you whether online or otherwise, TT4P are not obliged to provide you with a subscription at that price, even if TT4P has mistakenly accepted your offer to buy a subscription at that price and TT4P reserves the right to subsequently notify you of any pricing error. If TT4P does this, you may cancel the subscription without any obligation to TT4P and TT4P will refund you any money you have paid us in full or you may pay the correct price. If you refuse to exercise either of these choices, then TT4P may cancel your subscription and will refund you any money you have paid TT4P in full. TT4P will always act in good faith in determining whether a genuine pricing error has occurred.
In addition to any subscription fees you pay, you are responsible for paying any internet connection or other telecommunications charges that you may incur by accessing the Website or using the services available on it. For example, if you use any of our mobile services then your network operator may charge you for data or messaging services.
If you chose to pay monthly, your subscription would continue until you tell us that you no longer wish to receive it, in which case you will stop paying the monthly fees. Please see the “Cancellations by You” section below for details of how to cancel your monthly subscription. If you chose to pay annually, unless you notify us before the end of your annual subscription period that you no longer wish to receive it, your annual subscription will renew for another year. We will charge the subscription using the same card or other payment methods that you previously used. We will notify you in advance of any changes to the price of your subscription that will apply upon renewal.
Unless you cancel your subscription before we have started providing any part of it to you (in which case TT4P will provide you with a full refund), then you agree that once TT4P has started providing any part of your subscription to you, you do not have any right to cancel your subscription or any part of it until the end of your then-current subscription period. This means that you are not entitled to a refund once TT4P has started providing any part of your subscription to you, except in the very limited circumstances which are referred to in these terms and conditions. Although you may notify TT4P of your intention to cancel at any time, such notice will only take effect at the end of your then-current subscription period. You may notify us of your wish to cancel your subscription by contacting our Customer Service team at email@example.com.
TT4P reserves the right to suspend or terminate your subscription if you breach these terms and conditions, with or without notice and without further obligation to you. You will not be entitled to any refund in these circumstances. If, however, TT4P terminates or suspends your subscription for any other reason and/or permanently cease publishing the Website, the TT4P Content or cease to provide subscription services then unless there are exceptional circumstances, TT4P will provide you with a pro-rata refund to your credit card, which means that TT4P will refund you with any amounts that you have paid us in advance that relate to any remaining and unexpired period of your subscription.
If you buy a TT4P subscription only or other subscription service or if you buy a TT4P bundled subscription (i.e., WebSite subscription and another subscription together serviced by TT4P) then you will be contracting with TradeTool4Profit.com, whose principal place of business is at 704 228th Ave NE #932 Sammamish, WA 98074
This section is important, and you should read it carefully. It makes clear to what extent, if any, TT4P accepts responsibility (liability) to you for your use of Website or the TT4P Content or in respect of any third-party products or services that we refer to or link to on the Website. Unless you are a subscriber to TT4P, TT4P accepts no financial responsibility to you arising from your use of the Website or the TT4P Content. If you are a subscriber to TT4P, TT4P limits our financial responsibility to you arising from your use of Website or the TT4P Content to the price you paid for your subscription. In no circumstances does TT4P accept responsibility for your use of Third-Party Sites or in respect of any Third-Party Products. By Third-Party Sites we mean websites, online or mobile services provided by third parties, including websites of advertisers and sponsors that may appear on the Website. By Third-Party products we mean products or services provided by third parties.
Limitations of TT4P Content: the TT4P Content (including any information we publish regarding Third-Party Products) is only for your general information and entertainment purposes and is not intended to address your particular requirements. In particular, the TT4P Content, including IVP and any other content provided by third parties and distributed by TT4P, does not constitute any form of advice, recommendation, representation, endorsement, or arrangement by TT4P. It is not intended to be and should not be relied upon by users in making (or refraining from making) any specific investment, purchase, sale, or other decisions. Appropriate independent advice should be obtained before making any such decision, such as from a qualified financial adviser. Any agreements, transactions or other arrangements made between you and any third-party named on (or linked to or from) the Website are at your own responsibility and entered into at your own risk. Any information that you receive via the Website, whether or not it is classified as “real time”, may have stopped being current by the time it reaches you. Share price information may be rounded up/down and therefore may not be entirely accurate.
TT4P WILL WORK TO DEVELOP AND OPERATE THE WEBSITE WITH REASONABLE SKILL AND CARE AND WILL USE REASONABLE EFFORTS TO PROMPTLY REMEDY ANY FAULTS OF WHICH IT IS AWARE. THIS IS THE ONLY PROMISE WE MAKE IN RELATION TO OUR PROVISION OF THE WEBSITE, AND THE TT4P CONTENT.
THE WEBSITE AND THE TT4P CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THIS MEANS THAT TT4P DOES NOT MAKE ANY PROMISES IN RESPECT TO THE WEBSITE OR THE SERVICES AND FUNCTIONS AVAILABLE ON OR THROUGH THE WEBSITE OR OF THE QUALITY, COMPLETENESS OR ACCURACY OF THE INFORMATION PUBLISHED ON OR LINKED TO FROM THE WEBSITE TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, TT4P DISCLAIMS ALL WARRANTIES, REPRESENTATIONS, CONDITIONS AND DUTIES (EXCEPT ANY DUTIES OF GOOD FAITH) OF ANY KIND, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE. TT4P ALSO DOES NOT MAKE ANY PROMISES AS TO THE TIMELINESS, SECURITY, PERFORMANCE OR AVAILABILITY OF THE WEBSITE AND DOES NOT PROVIDE ANY WARRANTY OR REPRESENTATION THAT THE WEBSITE IS FREE FROM INFECTION BY VIRUSES OR ANYTHING ELSE THAT HAS CONTAMINATING OR DESTRUCTIVE PROPERTIES.
THE ABOVE DISCLAIMERS APPLY EQUALLY TO YOUR USE OF THE WEBSITE AND ALL TT4P CONTENT. WITHOUT LIMITING THE ABOVE, TT4P IS NOT LIABLE FOR MATTERS BEYOND ITS REASONABLE CONTROL. TT4P DOES NOT CONTROL THIRD PARTY COMMUNICATIONS NETWORKS (INCLUDING YOUR INTERNET SERVICE PROVIDER), THE INTERNET, ACTS OF GOD OR THE ACTS OF THIRD PARTIES.
LIMITATIONS OF LIABILITY:
YOU AGREE THAT IF TT4P IS IN BREACH OF THESE TERMS AND CONDITIONS, TT4P WILL ONLY BE RESPONSIBLE TO YOU FOR ANY DAMAGES THAT YOU INCUR ARISING OUT OF YOUR USE OF THE WEBSITE OR THE TT4P CONTENT (TO THE EXTENT THAT TT4P’S LIABILITY IS NOT OTHERWISE EXCLUDED BY THIS SECTION) AS FOLLOWS:
THE LIMITATIONS OF LIABILITY IN THIS SECTION 4 APPLY FOR THE BENEFIT OF TT4P, ITS AFFILIATES, INCLUDING THOSE LISTED IN SECTION 2 AND ALL OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, AND ASSIGNS.
TO THE FULL EXTENT PERMITTED BY LAW YOU ACKNOWLEDGE AND AGREE THAT OUR THIRD-PARTY CONTENT AND DATA SUPPLIERS HAVE NO LIABILITY WHATSOEVER TO YOU IN RESPECT OF ANY OF THEIR DATA SUPPLIED TO YOU AS PART OF THE WEBSITE OR TT4P CONTENT.
YOU ALSO AGREE TO WAIVE, TO THE FULL EXTENT PERMITTED BY LAW, ANY RIGHT YOU MAY HAVE TO BRING LEGAL CLAIM AGAINST SUCH THIRD PARTIES ARISING FROM YOUR USE OF THEIR CONTENT OR DATA ON ANY TT4P SERVICE.
5. LINKS AND THIRD-PARTY CONTENT
This Website may provide links to other websites. These links are provided for convenience and informational purposes only, and not for purposes of making any endorsement or recommendation. You should be aware that when you select a link on the Website, you may be leaving the Website. The information available on other websites may have certain restrictions on its use or distribution. Users should make themselves aware of such restrictions. TT4P is not responsible for, nor has it developed or reviewed, the content of those sites, and does not make any warranty, express or implied, as to the accuracy, usefulness, or timeliness of such information. In addition to links, other third-party content may be available on this website. The views expressed are solely those of the author of the article, and do not necessarily reflect the views of the TT4P; the information presented is not intended to constitute investment advice or recommendations to purchase, sell or hold securities of any company, but is intended to educate website users concerning the use of options, and the information presented is based on particular events that may or may not recur in the future.
Information available on the Website is owned, licensed or controlled by TT4P or third parties who have permitted TT4P license of its use. All trademarks, copyrights, trade names, service marks, logos or other identifying features used on the Website are property of their respective owners. Information may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose. Information may be viewed and printed for personal, non-commercial purposes. Any unauthorized use may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
TT4P does not permit unauthorized linking to or framing of the Website. Any third party interested in creating a link or framing content from the Website is required to submit a signed Linking, Framing and Content Sharing Agreement setting forth the terms and conditions by which such activities are allowed. TT4P reserves the right to refuse to agree to any such request and also reserves the right to disable any unauthorized link to or framing of this website. TT4P does not accept any responsibility for the information available through any other website as a result of any unauthorized linking or framing activity.
The Website may include discussion forums and blogs that allow interaction between users and between users and TT4P staff (Forums). The information posted to these forums or blogs by users is User Generated Content (hereafter referred to as “UGC”).
If you wish to view or participate in a Forum, then you must comply with any specific rules posted on the Forum. You will retain ownership of the copyright in any of your UGC that you or we publish on the Website so you are free to re-use it as you wish. You agree that if you post UGC to a Forum then you are granting TT4P a right (but not an obligation) unlimited in time to publish, re-use, archive, modify, delete or commercially exploit that UGC in whole or in part as we see fit, whether on the Website or otherwise, without any requirement to pay you for this and with or without attribution to you. This means that you grant us a worldwide, non-exclusive, perpetual, irrevocable, royalty-free license to use any UGC you publish in whole or in part in any manner and for any purpose whatsoever and without further obligation to you. You also waive any moral rights that you may have in regard to the UGC.
You are responsible for all the content of any of your UGC that you or we publish. You are financially responsible to us for any claim against us by any third party that your UGC is not in accordance with the bullet points below or that otherwise relates to your UGC.
You agree that you will:
The Forums contain UGC submitted by users over whom TT4P has no control so we cannot, therefore, guarantee the accuracy, integrity or quality of any UGC. Some users may not behave properly and may post UGC that is misleading, untrue or offensive.
It is not possible for TT4P to fully monitor all UGC published on the Website but where we have actually received notice of any UGC that is potentially misleading, untrue, offensive, unlawful, infringes third party rights or is potentially in breach of these terms and conditions, then we will review that UGC, decide whether to remove it from the Website and act accordingly. If you believe that any UGC published on the Website infringes any legal rights that you may have or is not allowed under these terms and conditions, please notify us immediately with specific details by contacting us at firstname.lastname@example.org.
TT4P reserves the right to change the terms and conditions of this User Agreement at any time. Any such change will become effective immediately upon publication to this website.
10. USER OBLIGATIONS
Any person accessing or using the Website has the following obligations: (a) to provide accurate information; (b) to comply with all applicable laws and regulations; (c) not to introduce into this website, or any network or equipment supporting it, any virus, worm, harmful code, Trojan horse, or other disabling devices, (d) not to attempt to interfere with or disrupt the website, or any network, and/or other equipment supporting it; (e) not to attempt to gain improper access to or otherwise interfere with any system or network connected to the website; and (f) not to use the website to send or otherwise distribute junk mail, spam, chain letters, or other unsolicited materials for mass distribution. Any violation of these obligations is grounds for denying a user access to and use of this website, in addition to any other available remedies.
User agrees to indemnify and hold harmless TT4P and its affiliates and their officers, directors, employees, and agents from any and all claims and losses imposed on, incurred by or asserted as a result of or related to: (a) any non-compliance by user with the terms and conditions hereof; or (b) any third-party actions related to user’s receipt and use of the information, whether authorized or unauthorized.
TT4P uses software programs and other tools to monitor traffic on the Website to identify unauthorized attempts to upload or change information, or otherwise cause damage to the integrity of the website. TT4P reserves the right to terminate access to this website, with or without notice, either generally or with respect to one or more particular IP addresses or Internet sites. TT4P reserves the right to pursue all available remedies for any violation of these terms and conditions. If any clause of this User Agreement is declared invalid, that clause shall be deemed severable and shall not affect the validity or enforceability of the remainder.
13. Brokerage integration with TD Ameritrade
TD Ameritrade, Inc. (“TD Ameritrade”) has entered into a Marketing Partner Agreement with IVP whereby TD Ameritrade compensates IVP for recommending TD Ameritrade as an executing broker. The existence of this Marketing Partner Agreement should not be deemed as an endorsement or recommendation of IVP by TD Ameritrade and/or any of its affiliated companies. Neither TD Ameritrade nor any of its affiliated companies is responsible for the privacy practices of IVP or the Website. TD Ameritrade does not warrant the accuracy or content of the products or services offered by IVP or the Website. Use of the Website and its services and/or products is the decision of and at the discretion of the individual or entity choosing this service and/or product. TD Ameritrade makes no guarantees or warranties of any kind of the products or services offered by IVP or by or through the Website and shall have no liability, therefore. TT4P has no direct affiliation with TD Ameritrade.
14. CHOICE OF LAW AND JURISDICTION
These terms shall be governed by the laws of the States of Washington and Florida without regard to its conflict of law provisions, and User agrees to submit to the personal and exclusive jurisdiction of the courts located within Sammamish, WA. and Palm Beach County, FL.
15. CORPORATE INFORMATION
IVP is the publisher of the tools found on the Website, and its corporate address is 11095 Oakdale Rd. Boynton Beach, FL 33437.
TT4P corporate address is 704 228th Ave NE #932 Sammamish, WA. 9807
16. CHANGES TO TERMS AND CONDITIONS
These terms and conditions were published on April 23rd, 2021, and replace with immediate effect any previous terms and conditions.
LAST UPDATED on April 23, 2021
PERSONAL IDENTIFICATION INFORMATION
TT4P may collect personal identification information from Users in a variety of ways, including, but not limited to, when Users visit our site, register on the site, place an order, subscribe to the newsletter, respond to a survey, fill out a form, and in connection with other activities, services, features, or resources we make available on our Site, or through our affiliate relationships. Users may be asked for, as appropriate, name, email address, mailing address, phone number, credit card information. We will collect personal identification information from Users only if they voluntarily submit such information to us including through our affiliate relationships.
NON-PERSONAL IDENTIFICATION INFORMATION
TT4P may collect non-personal identification information about Users whenever they interact with our Site. Non-personal identification information may include the browser name, the type of computer, and technical information about Users means of connection to our Site, such as the operating system and the Internet service providers utilized and other similar information.
WEB BROWSER COOKIES
HOW WE USE COLLECTED INFORMATION
TT4P may collect and use Users personal information for the following purposes:
Information you provide helps us respond to your customer service requests and support needs more efficiently.
TT4P may use information in the aggregate to understand how our Users as a group use the services and resources provided on our Site.
TT4P may use feedback you provide to improve our products and services.
TT4P may use the information Users provide about themselves when placing an order only to provide service to that order. TT4P does not share this information with outside parties except to the extent necessary to provide the service.
To send Users information they agreed to receive about topics we think will be of interest to them.
TT4P may use the email address to send User information and updates pertaining to their order. It may also be used to respond to their inquiries, questions, and/or other requests. If User decides to opt-in to our mailing list, they will receive emails that may include company news, updates, related product or service information, etc. If at any time the User would like to unsubscribe from receiving some or all future emails, they may do so by contacting us via our Site or by changing their setting.
HOW WE PROTECT YOUR INFORMATION
The personal information is stored in our limited-access servers. TT4P will maintain safeguards to protect the security of these servers and your personally identifiable information. Online purchases made through our web site are processed securely by authorize.net or paypal.com. When making a payment, we do not have access to your personal and credit card information.
SHARING YOUR PERSONAL INFORMATION
TT4P does not sell, trade, or rent Users personal identification information to others. TT4P may share generic aggregated demographic information not linked to any personal identification information regarding visitors and users with our business partners, trusted affiliates, and advertisers for the purposes outlined above. TT4P may use third-party service providers to help us operate our business and the Site or administer activities on our behalf, such as sending out newsletters or surveys. TT4P may share your information with these third parties for those limited purposes provided that you have given us your permission.
Users may find advertising or other content on our Site that link to the sites and services of our partners, suppliers, advertisers, sponsors, licensors, and other third parties. TT4P does not control the content or links that appear on these sites and are not responsible for the practices employed by websites linked to or from our Site. In addition, these sites or services, including their content and links, may be constantly changing. These sites and services may have their own privacy policies and customer service policies. Browsing and interaction on any other website, including websites that have a link to our Site, is subject to that website’s own terms and policies.
YOUR ACCEPTANCE OF THESE TERMS
By using this Site, Users signify your acceptance of this policy. If Users do not agree to this policy, please do not use our Site. Users continued use of the Site following the posting of changes to this policy will be deemed Users acceptance of those changes.
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