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Last Updated: October 29, 2015
ProfitableTrading, LLC ("Profitable Trading") is a financial publisher. For purposes of these Terms and Conditions of Service ("TCS"), the term "Profitable Trading" (also "The Profitable Trading Financial Network," "we," "us") includes ProfitableTrading, LLC and its related companies, subsidiaries, and brands, including without limitation ProfitableTrading.com, TradeofWeek.com and sub-domains thereto.
By using the Service, you affirm that you are at least 18 years of age and are not a person barred from receiving the Service under the laws of the United States or other applicable jurisdiction. You also affirm that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in the TCS, and to abide by and comply with the TCS.
Profitable Trading may modify the TCS effective immediately upon notice to you either by (1) electronic mail or conventional mail or (2) posting online (which you agree shall be deemed constructive notice). Your continued use of the site following notice of any modification to shall be conclusively deemed an acceptance of all such modification. In the event that you have the TCS cached on your browser, the TCS that applies to you is the most recent version of the TCS that appears on a non-cached browser. We recommend you check the TCS frequently for changes.
Through The Profitable Trading Financial Network, we provide users:
Free content (articles, reports, commentary, analysis, newsletter issues) that is written or provided by our staff, independent contractors, and third-party publishers that allow us to republish their content (the "Free Service" or "Free Services"); and
Paid content (articles, reports, commentary, analysis, newsletter issues) that is written by our staff and/or independent contractors paid for by you through a subscription (the "Paid Service" or "Paid Services"). A list of our current Paid Services along with subscription information can be found here: http://www.profitabletrading.com
The Paid Services and the Free Services are collectively referred to herein as the "Service," which also includes any medium through which content is delivered by Profitable Trading, including without limitation any Profitable Trading web site.
The Service is proprietary to Profitable Trading and, with the exception of User Submissions and Outside Content as defined below, all content provided through the Service is copyrighted by ProfitableTrading, LLC. Conditioned upon your compliance with the TCS, you may view the Service, and also print ONE copy of any content from the Service, solely for your personal, noncommercial use. Unless you have written authorization to do so from Profitable Trading, you may NOT make commercial use of the Service and may NOT reprint, republish or distribute content available through the Service in any manner, except through a Profitable Trading tool, such as an "Email" function or "Forward to Friend" function on a Profitable Trading site. This prohibition includes, but is not limited to, such copying as printing copies of Profitable Trading content and distributing them, downloading any content from the Service, posting any content from the Service online to the Internet or any intranet, or cutting and pasting any portion of the Service and forwarding copied content by email.
To receive certain Free Services and Paid Services, you must register. Your license to access these Services is additionally conditioned upon your registration and your payment of any applicable subscription fees. If you register, you agree to (a) provide accurate, current, and complete information about yourself as prompted by the appropriate registration form, and (b) to maintain and update your information to keep it accurate, current, and complete. If you are unfamiliar with how to maintain and update your information you may inquire with our Customer Service department through our Contact Us web page ,by telephone at 888-271-5237 or via email at web.support@ProfitableTrading.com . As part of the registration process, you may also be asked to select a unique username and password. We may refuse to grant you a particular username for any reason, at our sole discretion, including that such a username may impersonate someone else, be vulgar or offensive, cause confusion, or violate the rights of any third party. You agree to take all reasonable steps to maintain the confidentiality of your username and password, not to share it with anyone else, and to notify us immediately at the contact information provided above if you become aware that your username and password have been compromised in any way, including loss, theft, or unauthorized disclosure of your user name or password. You agree to pay for and be responsible for all activities and purchases conducted through your account.
Profitable Trading is a publisher of financial news and opinions and NOT a securities broker/dealer or an investment advisor. You acknowledge that the Service provides general opinions and analysis of stocks, other investment securities, and markets, but does not provide personalized investment advice. You acknowledge that the Service is for general informational purposes only and does not constitute a recommendation that any particular investment, security, portfolio of securities, transaction or investment strategy is suitable for any specific person. You further agree not to contact Profitable Trading by any means to attempt to seek personalized investment advice. Profitable Trading and its employees and agents will not advise you personally concerning the nature, potential, value or suitability of any particular security, portfolio of investments, securities, transaction, investment strategy or other matter.
While the Service is based on sources believed to be reliable, we cannot and do not guarantee the adequacy, accuracy or completeness of any information, the suitability or profitability of any particular investment, or the potential value of any investment or informational source. All information should be independently verified. The opinions provided by the Service should not be relied upon for purposes of transacting securities or other investments. You are responsible for your own investment research and decisions, and may wish to consider seeking the advice of a qualified securities professional before making any investment. Moreover, although we may make references in news or marketing materials to prior articles, reports, commentary, analysis, newsletter issues or opinions, we disclaim any obligation, implied or otherwise, to update previously published information, in whole or part. Markets change, and previously published information and data may not be current and should not be relied upon.
To the extent the Service may involve a model portfolio or an actual "real-money" portfolio of investments upon which reporting is based, such portfolio of investments is chosen by the author in accordance with their stated investment opinion(s). Actual performance results may differ from results reported for the portfolio for many reasons, including, without limitation:
model portfolio performance results may not reflect trading commissions; model portfolio performance results do not account for the impact, if any, of certain market factors, such as lack of liquidity, that may affect results; the investments chosen for any model portfolio may be volatile, and the amount of time that it takes for trades to be accomplished may result in a substantial variance in price; and the prices of investments in any model portfolio may change over time, including without limitation between the time they were first included in the model portfolio and the time that any particular user begins subscribing to the Service.
Certain independent contractors associated with Profitable Trading may manage money professionally outside of their role with Profitable Trading. Profitable Trading does not specifically recommend or endorse their investment ideas or recommendations.
Profitable Trading strives to provide timely news and informed and expert analysis. However, the Service is provided "as is." We disclaim all warranties, express and implied, including the implied warranties of merchantability and of fitness for a particular purpose with respect to the Service. We neither warrant nor represent that the services or information available through this Site will enable you to achieve any particular result or outcome, legal, economic, educational, or otherwise. You agree that ProfitableTrading, LLC, its member owners, directors, employees, contract employees, independent contactors, outside contributors, subsidiaries, affiliates, advertisers, and agents (together, the "Profitable Trading Parties") will not be liable for any loss or damage allegedly caused by your reliance on information obtained in any of our publications. You are solely responsible for your own investment decisions. Before selling or buying any stock or other investment, you should consult with a qualified broker or other financial professional to verify pricing information. The Profitable Trading Parties likewise disclaim any and all liability to you arising out of interruption or damage to your computer system or software as the result of accessing or otherwise using the Service. The Profitable Trading Parties will not be liable for any incidental, indirect, consequential, or special damages of any kind, including lost revenues, lost profits, or loss of data arising out of your use of this Service. In the event that any of the foregoing limitations and disclaimers is ineffective, you agree that our maximum liability to you shall be the total of the fees that you have paid to us in connection with your access to the Service(s). The remedies available to you against the Profitable Trading Parties under this agreement are exclusive.
You agree to waive any and all rights against the Profitable Trading Parties and to hold the Profitable Trading Parties harmless in connection with any claims relating to any action taken by the Profitable Trading Parties as part of an investigation of a suspected violation of the TCS, or as a result of a violation of the TCS, including but not limited to the suspension or termination of your membership account.
Certain areas of The Profitable Trading Financial Network may feature "Outside Content," which is content identified as or attributed to a party other than Profitable Trading, including without limitation articles licensed to Profitable Trading and third-party advertisements. You understand that Outside Content (information, advertisements, articles, data, text, images, hyperlinks to non-Profitable Trading sites, or other materials) displayed on The Profitable Trading Financial Network are the sole responsibility of the person or entity who created such content. You acknowledge that Profitable Trading is not the creator of Outside Content and, as such, Profitable Trading does not guarantee the accuracy, integrity or quality of such content.
Profitable Trading also sells paid advertising in an online medium known as co-registration, where advertisers offers are presented to users. You acknowledge that any business dealings you may have with advertisers found on or through The Profitable Trading Financial Network, including both free offers and offers that require payment for the delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that the Profitable Trading Parties, as defined above, shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third-party advertisers on the Service. We do not endorse or verify claims made by third-party advertisers and you may wish to consult with an independent, registered financial advisor or a licensed broker before buying or selling any security or investment recommended by an advertiser.
Your subscription will continue for the initial term of the subscription (the "Initial Term"), and will renew automatically at the end of the Initial Term for successive Renewal Terms, each equal to the Initial Term, unless you notify us of your decision to cancel or not to renew your subscription, as outlined below in Paragraph 8. As described in the initial subscription process, as part of the Automatic Renewal process the then-applicable subscription term renewal fee will be billed to the credit card you designated during the subscription process (or subsequently changed). However, you will receive a full refund of your renewal subscription fee if you cancel within 30 days of your subscription renewal.
You may remove the benefit of automatic renewal through the My Account page or by notifying our Customer Service Department. You may cancel your subscription at any time by notifying our Customer Service Department. You can contact our Customer Service Department by telephone at 888-271-5237 or email (web.support@ProfitableTrading.com) Monday through Friday between the hours of 9:00 a.m. and 5:00 p.m. CST. Your cancellation will take effect once you receive a confirmation email from us. The terms of any refunds of fees for Paid Services are provided in the various offers for each product. It is your responsibility to read and understand the terms of the offer. If you have questions, please call our Customer Service Department at 888-271-5237 or email them through our Contact Us web page. If you wish to change any of your delivery preferences you may visit the My Account page.
Profitable Trading may terminate your access to the Service at any time at its sole discretion, provided that we provide a pro rata refund for any Paid Service. However, if Profitable Trading terminates your access to the Service because you have violated any provision of the TCS, including without limitation by seeking to register and cancel multiple times in an effort to secure access to a Paid Service without paying applicable subscription fees, you will not be entitled to receive a refund of any portion of a Paid Service fee paid by you.
While using the Service you agree NOT to do any of the following:
use the Service for any unlawful purpose; restrict or inhibit any other visitor or member from using our Service, including, but not limited to, means of "hacking" or "cracking" or defacing any portion of any of our Service; claim or imply that any statements you make are endorsed by us without our prior written consent; re-subscribe multiple times to the same Paid Service and then request multiple refunds, or re-register for multiple subscriptions to the same Paid Service under different email addresses in order to avoid paying for a given Paid Service; 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 without the authorization to do so; (c) any trade secret of any third party; (d) any advertisements, solicitations, investment opportunities, or other unsolicited commercial communication (except as otherwise expressly permitted by us); or (e) 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, de-compile or disassemble any portion of any of The Profitable Trading Financial Network remove any copyright, trademark, or other proprietary rights notices contained within The Profitable Trading Financial Network;"frame" or "mirror" any part of The Profitable Trading Financial Network without our prior written authorization; 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 the Service or its contents; harvest or collect information about The Profitable Trading Financial Network visitors or members without express consent; or permit anyone else whose account or subscription was terminated or who has not registered or paid for our content to use any portion of our Service through your subscription, username or password.
You also agree that at all times you will:
comply with all applicable laws, rules and regulations in connection with your use of the Service and the content made available therein;
maintain and promptly update your registration data to keep it accurate, current and complete. If you need help maintaining or updating your information, you can contact our Customer Service Department by telephone at 888-271-5237 Monday through Friday between the hours of 9:00 a.m. and 5:00 p.m. CST. You can also email our Customer Service Department on our Contact Us web page
You may submit editorial submissions, creative suggestions, ideas, notes, concepts, information, feedback or other materials (collectively, "User Submissions") to Profitable Trading through a variety of media, including without limitation through e-mail or online submissions. You grant us, including any of our assignees, a worldwide, non-exclusive, sub-licensable (through multiple tiers), assignable, royalty-free, perpetual and 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 User Submissions in any media now known or hereafter developed, for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the User Submissions. By providing a User Submission, you also acknowledge that the User Submission may be posted online or otherwise reproduced Profitable Trading, and waive any privacy or publicity rights you may have relating to the User Submission or use of your name or identity in conjunction therewith.
Profitable Trading may, at its sole discretion, remove or prevent access to, in whole or in part, any online User Submission, for any reason or no reason, including any material it deems in violation of its standards. The disclaimers applicable to Outside Content (see Paragraph 6) apply to User Submissions.
Profitable Trading has a policy of complying with the Copyright Act and with the notice and take-down provisions of the Digital Millennium Copyright Act of 1998 (the "DMCA"). If you believe that materials hosted by Profitable Trading infringe your copyright, you or your agent may provide a notice as provided under the DMCA, including: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or trademark interest; (b) a description of the copyrighted work(s) or trademark(s) that you claim has been infringed; (c) a description of where the material that you claim is infringing is located on the website; (d) your address, telephone number, and email address; (e) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or trademark owner, its agent, or the law; and (f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or trademark owner or authorized to act on the copyright or trademark owner's behalf. If you believe that a notice of copyright infringement has been wrongly filed, you may submit a DMCA-compliant counter-notice.
Notices and counter-notices with respect to The Profitable Trading Financial Network should be sent to Lou Betancourt, ProfitableTrading, LLC, 4601 Spicewood Springs Rd, Bldg #3, Suite #100, Austin, TX 78759.
We have a policy of terminating the accounts of repeat infringers. You agree that if your account is terminated for this reason that you will not attempt to establish a new account under any name, real or assumed, and further agree that if you violate this restriction by opening a new account after being terminated as a repeat infringer that you will indemnify and hold us harmless for any and all resulting liability that we may incur.
Except as provided herein, you may display a hyperlink to any Free Service posted by Profitable Trading, so long as any site linking to The Profitable Trading Financial Network (a) does not suggest or imply that Profitable Trading sponsors or endorses another website(s)'s product, unless ProfitableTrading, LLC has given its prior written consent; (b) does not display any of our trademarks without prior written consent of ProfitableTrading, LLC; and (c) does not copy any excerpt of Profitable Trading content, and (d) does not link to Profitable Trading in proximity to content that may be construed as distasteful, offensive or controversial. We reserve the right to withdraw permission to you to link to any Free Service posted by Profitable Trading for any reason in our sole and absolute discretion, and in such instance you agree to remove such a link. You are prohibited from displaying or linking to the Paid Service unless you receive prior written permission from ProfitableTrading, LLC.
The TCS are governed by and construed in accordance with the laws of the State of Texas, United States of America, without regard to its principles of conflicts of law. You agree to personal jurisdiction by the federal and state courts located in Travis County, Texas, United States of America, and waive any jurisdictional, venue, or inconvenient forum objections to such courts. If you are outside the United States, you further agree that the remedy for any breach of this agreement involving unauthorized access or other infringement of our intellectual property rights shall be an award of damages equivalent to the statutory damages recoverable under the United States Copyright Act, 17 U.S.C. 501 et seq.
If any provision of the TCS is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these TCS and shall not affect the validity and enforceability of any remaining provisions. The TCS is not assignable, transferable or sub-licensable by you except with our prior written consent.
Profitable Trading may transfer or assign this agreement. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained in these TCS are inserted only as a matter of convenience and in no way defines or explains any section or provision hereof. This, together with the Profitable Trading policies referred to herein, constitutes the entire agreement between us relating to the subject matter herein and supersedes any prior or contemporaneous written agreement.
4601 Spicewood Springs rd., Suite 3-100
Austin, TX 78759