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Terms Of Use & Service

IMPORTANT!  THESE TERMS OF SERVICE (TOS) GOVERN YOUR USE OF THIS SITE, WHICH IS PROVIDED BY OUR COMPANY.  BY ACCESSING THIS SITE, YOU ARE INDICATING YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF THESE TERMS OF USE.  THESE TERMS OF USE ARE SUBJECT TO CHANGE BY OUR COMPANY AT ANY TIME IN ITS DISCRETION.  YOUR USE OF THIS SITE AFTER SUCH CHANGES ARE IMPLEMENTED CONSTITUTES YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF THE CHANGES.  PLEASE CONSULT THESE TERMS OF USE PRIOR TO EVERY USE FOR ANY CHANGES.

Access To This Site 

YOU MUST BE EIGHTEEN (18) YEARS OR OLDER TO ACCESS THIS WEB SITE. IF YOU ARE UNDER EIGHTEEN YEARS OF AGE, YOU ARE NOT PERMITTED TO ACCESS THIS WEB SITE FOR ANY REASON.  DUE TO THE AGE RESTRICTIONS FOR USE OF THIS WEB SITE, NO INFORMATION OBTAINED BY THIS WEB SITE, FALLS WITHIN THE CHILD ONLINE PRIVACY ACT (COPA) AND IS NOT MONITORED AS DOING SO.

To access this site or some of the resources it has to offer, you may be asked to provide certain registration details or other information.  It is a condition of your use of this site that all the information you provide on this site will be correct, current, and complete.  If our Company believes the information you provide is not correct, current, or complete, we have the right to refuse you access to this site or any of its resources, and to terminate or suspend your access at any time, without notice.

Restrictions On Use

You may use this site for purposes expressly permitted by this site.  You may not use this site for any other purpose, including any commercial purpose, without our Company's express prior written consent.  For example, you may not (and may not authorize any other party to) (i) co-brand this site, or (ii) frame this site, or (iii) hyper-link to this site, without the express prior written permission of an authorized representative of our Company.  For purposes of these Terms of Use, "co-branding" means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute this site or content accessible within this site.  You agree to cooperate with our Company in causing any unauthorized co-branding, framing or hyper-linking immediately to cease.

Proprietary Information

The material and content (hereinafter referred to as the "Content") accessible from this site, and any other World Wide Web site owned, operated, licensed, or controlled by our Company is the proprietary information of our Company or the party that provided the Content to our Company, and our Company or the party that provided the Content to our Company retains all right, title, and interest in the Content.  Accordingly, the Content may not be copied, distributed, republished, uploaded, posted, or transmitted in any way without the prior written consent of our Company, or unless authorized in writing elsewhere on our site, except that you may print out a copy of the Content solely for your personal use.  In doing so, you may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Content.  Modification or use of the Content except as expressly provided in these Terms of Use violates our Company's intellectual property rights.  Neither title nor intellectual property rights are transferred to you by access to this site. 

Hyper-Links

This site may be hyper-linked to other sites which are not maintained by, or related to, our Company.  Hyper-links to such sites are provided as a service to users and are not sponsored by or affiliated with this site or our Company.  Our Company has not reviewed any or all of such sites and is not responsible for the content of those sites.  Hyper-links are to be accessed at the user's own risk, and our Company makes no representations or warranties about the content, completeness or accuracy of these hyper-links or the sites hyper-linked to this site.  Further, the inclusion of any hyper-link to a third-party site does not necessarily imply endorsement by our Company of that site.

Submissions

You hereby grant to our Company the royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display all content, remarks, suggestions, ideas, graphics, or other information communicated to our Company through this site (together, hereinafter known as the "Submission"), and to incorporate any Submission in other works in any form, media, or technology now known or later developed.  Our Company will not be required to treat any Submission as confidential, and may use any Submission in its business (including without limitation, for products or advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future Company operations.

Our Company will treat any personal information that you submit through this site in accordance with its Privacy Policy as set forth on this site.

Disclaimer

You understand that our Company cannot and does not guarantee or warrant that files available for downloading from the Internet will be free of viruses, worms, Trojan horses or other code that may manifest contaminating or destructive properties.  You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to this site for the reconstruction of any lost data.  Our Company does not assume any responsibility or risk for your use of the Internet.

The Content is not necessarily complete and up-to-date and should not be used to replace any written reports, statements, or notices provided by Company.  Investors, borrowers, and other persons should use the Content in the same manner as any other educational medium and should not rely on the Content to the exclusion of their own professional judgment.  Information obtained by using this site is not exhaustive and does not cover all issues, topics, or facts that may be relevant to your goals. 

YOUR USE OF THIS SITE IS AT YOUR OWN RISK.  The Content is provided “as is” and without warranties of any kind, either expressed or implied.  Our Company disclaims all warranties, including any implied warranties of merchantability, fitness for a particular purpose, TITLE, OR NON-INFRINGEMENT.  Our Company does not warrant that the functions OR CONTENT contained in this site will be uninterrupted or error-free, that defects will be corrected, or that this site or the server that makes it available are free of viruses or other harmful components.  Our Company does not warrant or make any representation regarding use, or the result of use, of the content in terms of accuracy, reliability, or otherwise.  The content may include technical inaccuracies or typographical errors, and Company may make changes or improvements at any time.  You, and not our Company, assume the entire cost of all necessary servicing, repair or correction IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS SITE OR ITS CONTENT.  Our COMPANY MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT.

All of the information in this site, whether historical in nature or forward-looking, speaks only as of the date the information is posted on this site, and Company does not undertake any obligation to update such information after it is posted or to remove such information from this site if it is not, or is no longer, accurate or complete.

Limitation On Liability

COMPANY, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  IN NO EVENT WILL THE COLLECTIVE LIABILITY OF COMPANY AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID TO COMPANY FOR THE APPLICABLE CONTENT, PRODUCT OR SERVICE OUT OF WHICH LIABILITY AROSE.

 

Indemnity

You will indemnify and hold Company, its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (hereinafter known as the "Indemnified Parties") harmless from any breach of these Terms of Use by you, including any use of Content other than as expressly authorized in these Terms of Use.  You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorney's fees of the Indemnified Parties in connection therewith.  You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information accessed from this site.

Trademarks

Trademarks, service marks, and logos appearing in this site are the property of Company or the party that provided the trademarks, service marks, and logos to Company.  Company and any party that provided trademarks, service marks, and logos to Company retain all rights with respect to any of their respective trademarks, service marks, and logos appearing in this site. 

Information You Provide

You may not post, send, submit, publish, or transmit in connection with this site any material that:

        you do not have the right to post, including proprietary material of any third party;

        advocates illegal activity or discusses an intent to commit an illegal act;

        is vulgar, obscene, pornographic, or indecent;

        does not pertain directly to this site;

        threatens or abuses others, libels, defames, invades privacy, stalks, is obscene, pornographic, racist, abusive, harassing, threatening or offensive;

        seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;

        infringes any intellectual property or other right of any entity or person, including violating anyone’s copyrights or trademarks or their rights of publicity;

        violates any law or may be considered to violate any law;

        impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content;

        advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) except as may be specifically authorized on this site;

        solicits funds, advertisers or sponsors;

        includes programs which contain viruses, worms and/or Trojan horses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications;

        disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise act in a way which affects the ability of other people to engage in real time activities via this site;

        includes MP3 format files;

        amounts to a 'pyramid' or similar scheme;

        disobeys any policy or regulations established from time to time regarding use of this site or any networks connected to this site; or

        contains hyper-links to other sites that contain content that falls within the descriptions set forth above.

Although under no obligation to do so, our Company reserves the right to monitor use of this site to determine compliance with these Terms of Use, as well the right to remove or refuse any information for any reason.  Notwithstanding these rights, you remain solely responsible for the content of your submissions.  You acknowledge and agree that neither Company nor any third party that provides Content to Company will assume or have any liability for any action or inaction by Company or such third party with respect to any submission.

Security

Any passwords used for this site are for individual use only. You will be responsible for the security of your password (if any).  Company will be entitled to monitor your password and, at its discretion, require you to change it.  If you use a password that Company considers insecure, Company will be entitled to require the password to be changed and/or terminate your account.

You are prohibited from using any services or facilities provided in connection with this site to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited. If you become involved in any violation of system security, Company reserves the right to release your details to system administrators at other sites in order to assist them in resolving security incidents.  Company reserves the right to investigate suspected violations of these Terms of Use.

Company reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing Company to disclose the identity of anyone posting any e-mail messages, or publishing or otherwise making available any materials that are believed to violate these Terms of Use. 

BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS COMPANY FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY COMPANY DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER [COMPANY] OR LAW ENFORCEMENT AUTHORITIES.

Miscellaneous

These Terms of Use will be governed and interpreted pursuant to the laws of Colorado, United States of America, notwithstanding any principles of conflicts of law.  You specifically consent to personal jurisdiction in Colorado in connection with any dispute between you and Company arising out of these Terms of Use or pertaining to the subject matter hereof.  The parties to these Terms of Use each agree that the exclusive venue for any dispute between the parties arising out of these Terms of Use or pertaining to the subject matter of these Terms of Use will be in the state and federal courts in Denver, Colorado.  If any part of these Terms of Use is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. These Terms of Use constitute the entire agreement among the parties relating to this subject matter.  Notwithstanding the foregoing, any additional terms and conditions on this site will govern the items to which they pertain.  Company may revise these Terms of Use at any time by updating this posting.

Last updated: May 21, 2012

 

2003-2005 by InternetMarketingLawProducts.com for Marketing Jazz, LLC



Purchase agreement/EULA: Purchaser of any course, DVD, webinar, seminar, VHS video or other product produced by Ken Calhoun / Marketing Jazz/ Daytrading University or other site in our network hereby agrees that they are the End User and may not rent, resell, lease nor otherwise resell the content nor the video they have purchased in any manner, by any venue . All sales are final.

DVDs: Copyable media, including DVDs may not be returned for refund, but we will replace any defective media at no cost to purchaser within 90 days of original purchase (contact us at www.daytradinguniversity.com/help/ first for an RMA number and directions; purchaser must return original DVD to us via trackable air shipping and contact us via support ticket w/tracking confirmation). Customers agree to check their DVDs within 90 days of receipt to ensure they play properly. If after 90 days purchaser needs to return a DVD they purchased from us directly for replacement (for example if they damage or scratch their original DVD), they may be able to do so (at our sole discretion; each case is decided on individually), if they a) return damaged DVDs to us via trackable air shipping at their expense, and b) pay our actual replacement + shipping costs and c) pay a $100 administrative fee (for taking up our time), within 1 year of purchase, if that DVD is still being produced. Customers are solely responsible for their DVDs, we cannot replace lost/stolen DVDs under any circumstances. For international orders, customers may be responsible for customs/duty/taxes/VAT or other fees, we are not responsible for those; those are to be paid by the customer to your local authorities. You expressly waive any 'first-sale' doctrine or related rights by purchasing our DVDs, as they are individually licensed components of trading systems governed by this End-User License Agreement and Terms of Sale. Purchaser may not resell any DVD, VHS tape, nor other video or other product via ebay nor other resale venue of any kind.

DOWNLOADABLE VIDEOS: For downloadable videos (and support materials like PDFs or other document files), including videos of webinars, purchaser agrees to download these within 7 days of getting their download links (which are posted in download areas automatically; we do not email out reminders to download videos), and will be responsible for backing up their video recordings, and will not ask for download links to be re-enabled after 30 days following purchase. Purchaser agrees to contact us via support ticket at www.daytradinguniversity.com/help/ no later than 30 days following purchase if they are for any reason unable to download videos and/or use their login credentials. Downloads are individually IP-address tracked and watermarked; purchaser agrees to keep all video downloads for their own individual private use only and will not redistribute them in any manner. Purchaser agrees specifically to not contact us more than 30 days after purchase to ask for re-download links, as these are not provided. We do NOT re-enable login access nor download links after 30 days following purchase; purchaser agrees to login, download videos, make a safe backup (we recommend an external usb drive or other backup media), and never contact us if their hard drive crashes or they inadvertently delete their files, nor other reason. Video downloads are the sole responsibility of the purchaser to a) download within 7 days of them being posted in password-protected download areas and b) make a safe backup and maintain it.

IP LIMIT FOR DOWNLOAD AREA: For online course(s) and alerts services, you hereby agree to login from no more than one single computer, maximum 3 unique IP addresses cumulative lifetime, and you give us permission to track your IP address and login usage, for security purposes. We limit access to 3 unique IPs to prevent illegal password sharing. Do not register for our online courses or alerts services if you need to access content from multiple locations nor from multiple computers nor while traveling nor from mobile devices nor dynamic IP address ISPs; services are designed to be accessed from a single home and/or office location from a single computer using a single IP address.

WEBINARS: If a webinar needs to be cancelled due to unforeseen circumstances, we reserve the right to reschedule it within a reasonable timeframe (not to exceed 30 days) as needed. In the event any individual webinar, or webinar series needs to be cancelled or rescheduled, we reserve the right to reschedule these within 30 days at our discretion. Customers can request an equivalent credit towards another one of our products or services, or get a refund if a webinar series is permanently cancelled prior to it's scheduled airdate due to unforeseen circumstances. If a customer purchases access to one of our services and subsequently unsubscribes from getting our emails, they acknowledge that they will not get any further emails from us, including email notification of access to services already paid for (since we are can-spam compliant and must cease sending all emails upon request by a customer).

PURCHASE LIMITS: At our discretion, to prevent fraud, we may limit the number of purchases made from our sites on a per-customer basis. Customers who order multiple products and/or services within a short time frame (exceeding one or two per month) may be asked to wait prior to making new purchases, at our sole discretion on a per-customer basis. This is to prevent fraudulent orders.

SUBSCRIPTIONS: All our subscription-based services are handled via Paypal subscriptions. Subscriptions automatically renew, and purchaser agrees to keep their credit card/payment information current within Paypal, so that payments are processed correctly. Maximum refund amount for any subscription that the purchaser subscribed to is limited to a single payment (for example, the most recent single month fee, maximum). Purchasers are liable for their monthly subscriptions regardless of whether or not they login and use subscribed-to services. Purchasers agree that they are solely responsible for cancelling their subscriptions when they wish to, which may be done from within paypal, by logging in and cancelling the service. Purchasing a subscription provides access to the content subscribed to during the subscription term and, like cable tv access, subscriber is liable for subscription charges they enrolled for, whether or not they actually access the content. Terminating a subscription is the sole responsibility of the subscriber, and they (and their decedents, if applicable) agree to pay their agreed-to subscription fees until they cancel their subscription, without limit. Under no circumstances will already-paid subscription fees be refunded (whether or not subscribed-to content was chosen to be accessed/and or used by subscriber); all sales are final. Directions for cancelling paypal subscriptions can be found at the paypal.com site in the help area.

EMAIL Contact: Customer agrees to contact us via our zendesk help/support ticket system at www.daytradinguniversity.com/help/ if necessary to gain access to subscribed services, if they have chosen to unsubscribe from our emails, since that would be our sole means to communicate with them. Customers who have unsubscribed from our email system (or do not receive a notification email in time) agree to contact us at least 24 hours prior to any scheduled webinar via support ticket system, to get their access registration information, as necessary, as an alternative to getting contacted by emails, which for some webinars are usually sent at least 24 hours prior to any scheduled webinar. Alternatively, those webinar-based courses that have member areas (such as stocktradingsuccess.com , breakoutmastery.com, trademastery.com and others) will have gotowebinar registration links provided in a members' area, which customers are responsible for remembering to login to, to get their webinar access link. For courses with member areas, email reminders for webinars are not sent out, instead customers are required to login to the member area to click on updated gotowebinar link(s) for their webinar access. Customers agree to not share their webinar and/or other online download or other access information with any other person. Logins and access for all webinars, online courses, downloads and other services are limited to one person only, from a single machine. You agree to allow us to track your IP address for security purposes, using our security program script, which monitors login times, locations, IP addresses and other information. You agree that violation of this and/or unauthorized password sharing is grounds for civil and criminal action, and that we may pursue these and other remedies available to us. We reserve the right to turn over multiple-IP address usage and/or other evidence of unauthorized/illegal activity to police for criminal 'theft-of-service' charge investigation. We reserve the right to pursue civil damages against those who share passwords, video downloads and/or other protected content and/or services provided by us.

NO COMMERCIAL USE: Only individual retail traders may buy our products/services and/or use our services; no industry professionals nor others involved in providing financial and/or trading advisory services, trading education or other competing services or affiliated with trading industry related sites may purchase nor use our services. Customers are advised to not unsubscribe from emails, if they register for access to ongoing training that requires email contact (for example, webinar access). If a webinar series is cancelled due to unforeseen circumstances partially through it (for example in month 6 of a one-year series), then customers can receive a pro-rated refund or credit towards other product/service. If a customer is subscribed to a webinar series and does not see their webinar link in their email inbox at least 24 hours prior to the webinar start, customer agrees to a) check spam/trash folders for the webinar link and b) contact us at least 2 hours prior to the start of any scheduled webinar, if they still do not see a webinar registration link.

ALL SALES FINAL: All sales are final for all courses, webinars, videos and other services. You agree that unauthorized chargebacks will result in your account being turned over to our collection agency for debt collection, which may adversely impact your credit rating, as well as civil litigation for damages against you. Unauthorized chargebacks or attempts to refund any of our products, which are downloadable/digital in nature, also constitutes "theft of service" which may result in your name and associated IP log records and email correspondence being turned over to police/law enforcement authorities in your city and/or state for criminal prosecution under applicable statutes governing cybercrime/theft of service. No partial refunds or credits of one course or product/service toward another one is permitted; once you have paid for a product/service/course all sales are final. We reserve the right to criminally prosecute and pursue civil litigation against any unauthorized chargeback/refund of content provided under these legally-binding terms of sale. You agree that unauthorized chargeback and/or refund attempts constitutes a legally actionable breach of contract by you, for which we may pursue damages and/or criminal prosecution against you, in an amount to be determined by US District Court and/or law enforcement agencies, as applicable.

INDEMNITY: You agree to hold us free from any and all liability of any kind, by viewing and/or using any materials contained or sold via this or any of our sites. Attempted digital 'theft' by ordering then charging back a nonrefundable digital product may be governed by criminal statutes and constitute theft, and we aggressively pursue those who would steal from us with both law enforcement/police criminal charges as well as civil litigation. Your use of this site and/or related services or products indicates acceptance of this terms of sale/sales/usage contract, which prohibits you from taking any action that negatively impacts Ken Calhoun, Daytrading University and any associated sites and/or services. By purchasing any course, service and/or product you hereby agree that all sales are final and no refund request nor chargeback attempt will be made, or you agree to pay us damages in an amount to be determined by U.S. district court judge and/or jury. All products and services are published for educational use only and customers agree to not make actual trading decisions based on the information contained herein. Only original purchasers who have bought products/services from our original website(s) are eligible for support and bonuses, including any webinars and/or downloadable content that is listed on any specific site. No "parking" or putting time for subscriptions on "hold" is allowed for any course, alert service, live room time, nor any other course nor service we offer; your time is continuous (like a cable television or other subscription) from the date of enrollment. You agree to not contact us with any special requests to put subscription services, live room, courses nor any other offering "on hold" or "parking", as we cannot accomodate these special requests. All content is individually licensed per our End User License agreement and may not be resold, lent nor given away nor otherwise redistributed under any circumstances. Customers agree to consult with a registered investment advisor (which we are not) prior to making trading and/or investment decisions. All products/services sold for independent use; no email support nor other individual support can be provided, other than related to order fulfillment, lost passwords and similar. Customers agree to not contact us with individual trading questions nor for advice about how to trade or related questions. Our products and services are not available in Malaysia, Indonesia, China, Nigeria, North Korea, African, Iran/Iraq, Brazil, Portugal, Eastern European, or Russian Federation locations. All courses and services are sold separately; purchase of one does not include other courses nor services. We reserve the right to refuse service and/or sales to any person or organization we deem fit. We reserve the right to update these terms of sale with or without notice at our discretion, as we deem fit.