Intellectual Property Rights
Disclaimer of Warranties Financial Puzzle, Inc. AND ITS AFFILIATES PROVIDE THE MATERIALS AVAILABLE AT TRADESMARTU.COM AND OTHER ‘TRADESMART UNIVERSITY PRODUCTS, “AS IS” AND WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, Financial Puzzle, Inc. AND ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, SPONSORS AND ADVERTISERS DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ALL WARRANTIES RELATING TO THE ADEQUACY, ACCURACY OR COMPLETENESS OF ANY INFORMATION, PRODUCT OR SERVICES. FINANCIAL PUZZLE INC. AND ITS AFFILIATES, THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, SPONSORS AND ADVERTISERS DO NOT WARRANT THAT YOUR USE OF ANY TRADESMART UNIVERSITY PRODUCTS WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT TRADESMART UNIVERSITY PRODUCTS, INCLUDING THE SERVERS ON WHICH WEBSITES ARE HOSTED ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED OR OTHER WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR OBTAINING AND MAINTAINING ALL TELEPHONE, COMPUTER HARDWARE AND OTHER EQUIPMENT NEEDED TO ACCESS AND USE INFORMATION, PRODUCTS AND SERVICES, INCLUDING WEB SITES, AND ALL CHARGES RELATED THERETO. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF AND RELIANCE ONTRADESMART UNIVERSITY PRODUCTS AND SERVICES. OPINION, ADVICE, OR STATEMENT OF FINANCIAL PUZZLE INC., ITS AFFILIATES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, SPONSORS AND ADVERTISERS, WHETHER MADE ON A WEBSITE OR OTHERWISE, SHALL NOT CREATE ANY WARRANTY. YOUR USE OF TRADESMART UNIVERSITY PRODUCTS IS ENTIRELY AT YOUR OWN RISK.
Limitation of Liability
NEITHER FINANCIAL PUZZLE INC. NOR ITS AFFILIATES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, SPONSORS OR ADVERTISERS ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO ANY TRADESMART UNIVERSITY PRODUCT. YOUR SOLE REMEDY FOR DISSATISFACTION WITH ANY TRADESMART UNIVERSITY PRODUCTS IS TO STOP USING THEM. THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT—INCLUDING, WITHOUT LIMITATION—NEGLIGENCE, OR OTHERWISE) SHALL BE THE TOTAL AMOUNT PAID BY YOU, IF ANY, FOR THE TRADESMART UNIVERSITY PRODUCT. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
From time to time, we make information available to you regarding our business and the trading industry. Remember, ALL TRADING AND INVESTMENT ACTIVITY INVOLVES RISK. We provide strategies and education designed to inform and teach you about trading and how possibly to limit risk and make profits from trading. There is no assurance that you will make profits from what you are learning from us. You should review the information on these pages from time to time.
Testimonials and similar statements about success are made for promotional purposes. Success and results described in testimonials or other statements may not be representative of other students’ experiences. Results will vary, and there are no assurances you are likely to achieve successful investment or trading results.
Links to Other Websites
TradeSmart University and its Affiliates’ websites may provide links to other third-party websites or resources. TradeSmart University and its Affiliates make no representations about any other website which you may access. TradeSmart University and its Affiliates are not responsible for the availability or any content, advertising, products, services or other materials from third parties.
Data and Other Information
TradeSmart University products could include inaccuracies or errors. We do not make guarantees as to the completeness or correctness of any TradeSmart University product. Any data used or made available by TradeSmart University is from sources believed by it to be reliable and accurate; however, TradeSmart University does not investigate the sources or confirm the data and it does not make any representations that the data or resulting calculations are complete or otherwise accurate.
From time to time, TradeSmart University may reference prior articles and opinions. These references may be selective, may reference only a portion of an article or opinion, and are likely not to be current. As markets change continuously, previously published information and data may not be current and should not be relied upon.
IMPORTANT NOTICES ABOUT TRADING
TradeSmart University and its personnel are not registered broker-dealers or investment advisers. You are encouraged to speak with licensed broker-dealers, investment advisers or counselors of your choice regarding the appropriateness of investing or of any particular investment strategy or security. TradeSmart University products are for informational and educational purposes only, and no mention of a particular security in any TradeSmart University product constitutes a recommendation to buy, sell, or hold that or any other security, or that any particular security, portfolio of securities, transaction or investment strategy is suitable for any specific person. None of the information providers (e.g., instructors or sales persons or customer service representatives) or their affiliates will advise you personally concerning the nature, potential, value or suitability of any particular security, portfolio of securities, transaction, investment strategy or other matter. To the extent any of the information contained in any TradeSmart University product may be deemed to be investment advice, it is impersonal and not tailored to the individual investment needs of any specific person.
TradeSmart University personnel (e.g., instructors) are not subject to trading restrictions. TradeSmart University personnel could have a position in a security or initiate a position in a security at any time. In the event you enter into trading transactions, TradeSmart University personnel also may be trading or have positions in the same securities.
TradeSmart University products contain opinions about securities, and the opinions differ. For example, an opinion about a security in a certain TradeSmart University publication could differ from an opinion about the same security that is in another TradeSmart University publication. As another example, two instructors could have different views about the same security or factors affecting that security (such as market events).
All investments and trading involve risk. Trading and investing subjects you to risk of losses, including losses greater than your original investment. Many strategies, investments and securities (including options) are not suitable for everyone. TradeSmart University does not determine whether any strategy, investment or security is suitable for any individual.
Particularly with respect to options, prior to buying or selling an option, an investor must receive a copy of Characteristics and Risks of Standardized Options, called the Options Disclosure Document (ODD). This document is available from your broker-dealer.
No one should trade with money they cannot afford to lose. As such TradeSmart University directs all participants to practice trading with virtual, or fake funds. TradeSmart University in no way encourages individuals to place real money on any particular trade. Such decisions and any transaction related to such decision is at the sole discretion of the individual placing the trade.
Past results are not indicative of future performance.
Where hypothetical or simulated examples are provided, because they do not represent actual trading, they have limitations. They are designed with hindsight and thus, can be biased to select favorable performance results. Also, since the trades have not been executed, the results may have under or over compensated for certain factors such as the lack of market liquidity. Examples of trades and investment strategies do not include the costs of commissions, interest and dividends and other expenses. Keep in mind that these costs affect whether an investment is profitable.
This policy covers Financial Puzzle Inc.’s use of personal information that it collects when you use the TradeSmartU.com website or its affiliated sites. From time to time, you will be asked to submit identifying information about yourself (e.g. name and email address) in order to receive or use our products, such as newsletters, online webinars etc. By entering your details in the fields requested, you enable Financial Puzzle Inc. and its service providers to provide you with the products you select. Whenever you provide personal information, we will treat that information in accordance with this policy. When using your personal information Financial Puzzle Inc. will act in accordance with current legislation and aim to meet current best practices. Any information you provide to Financial Puzzle Inc. will only be used within Financial Puzzle Inc. and by its agents and or service providers. Your information also will be disclosed, however, when required by law or we believe in good faith that such action is necessary in order to comply with the law or legal process. Also, if you post or send offensive, inappropriate or objectionable content anywhere on or to TradeSmartU.com or its affiliated sites, or otherwise engage in any disruptive behavior, Financial Puzzle Inc. can use information about you in connection with stopping such behavior and exercising its rights and remedies. This may involve informing relevant third parties such as Internet service providers and law enforcement agencies about the content and your behavior.
Submissions and Postings By sending or transmitting to us suggestions, ideas, notes, concepts, information, or other materials (collectively, “Materials”), or by posting Materials to any area of our websites, you grant us a worldwide, non-exclusive, sublicensable (through multiple tiers), assignable, royalty-free, perpetual, irrevocable right to use, reproduce, distribute (through multiple tiers), create derivative works of, publicly perform, publicly display, digitally perform, make, have made, sell, offer for sale and import such Materials in any media now known or hereafter developed, for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Materials. None of the Materials disclosed in any forum on our web sites shall be subject to any obligation, whether of confidentiality, attribution, or otherwise, on our part and we shall not be liable for any use or disclosure of any Materials.
Discussion Forums Information provided in discussion forums may be provided by third parties (e.g., students) not connected with TradeSmart University, some of whom may use anonymous screen names. People may post messages or make statements that are inaccurate, misleading, or deceptive, whether intentionally or unintentionally. We neither endorse nor are responsible for any opinion, advice, information, or statement made or displayed by third parties, nor are we responsible for any errors or omissions in such postings, or for hyperlinks embedded in messages.
The opinions expressed by others are solely the opinions of those persons, and do not reflect the opinions of the TradeSmart University or any of its Affiliates. We have no obligation to monitor discussion forums, or any other materials that you or other third parties transmit or post on or to our websites. Under no circumstances will TradeSmart University or its Affiliates be liable for any loss or damage caused by your reliance on information obtained in discussion forums. We have the right (but not the obligation) to monitor our web sites and the materials you transmit or post; to alter or remove any such materials (including, without limitation, any posting); and to disclose such materials and the circumstances surrounding their transmission to any third party. CODE OF CONDUCT While using any TradeSmart University product, you agree not to:
* Restrict or inhibit any other visitor or member from using any TradeSmart University product, including, without limitation, by means of “hacking” or “cracking” or defacing any portion of any TradeSmartU.com websites;
* Use any TradeSmart University product for any unlawful purpose;
* Express or imply that any statements you make are endorsed by us;
* Transmit (a) any content or information that is unlawful, fraudulent, threatening, harassing, abusive, libelous, defamatory, obscene or otherwise objectionable, or infringes on our or any third party’s intellectual property or other rights; (b) any material, non-public information about companies; (c) any trade secret of any third party; or (d) any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities, or other unsolicited commercial communication (except as otherwise expressly permitted by us); * Engage in spamming or flooding; * Transmit any software or other materials that contain any virus, worm, time bomb, Trojan horse, or other harmful or disruptive component;
* Modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of any TradeSmartU.com websites or to otherwise violate any of our rights relating to our ownership and provision of our website or other TradeSmart University products;
* Remove any copyright, trademark, or other proprietary rights notices contained in a TradeSmart University web sites;
* “Frame” or “mirror” any part of TradeSmart University websites;
* Use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of any TradeSmart University product or its contents;
* Harvest or collect information about visitors to or members of TradeSmartU.com; or Permit anyone without an account or subscription to use any TradeSmart University product through your subscription, user name or password.
* While using TradeSmart University products you agree to comply with all applicable laws, rules and regulations.