Terms of services and general user information

Tradermentality is not, whether registered or not, a broker or dealer, investment advisor nor financial advisor, nor an advisory service, nor does it act as such. This website is 100% educational and provides market information, providing these services in a variety of manners with our system; and this is provided for the purposes of entertaining, informing and educating users and/or members through a variety of distribution channels, blogs and other methods.

Information provided on this website is purely for education and general information purposes only and not trade ideas or other references we make to a particular security in a recommendation to buy, sell or hold, that or any other security, portfolios of securities or investment strategy. The education and information presented herein is intended for a general audience and should not be construed specifically as advice tailored to any individual; you are encouraged to discuss any opportunities you may have or be presented with your legal counsel, financial professional, accountant or any other advisor you may seek.

General Terms

The opinions and ideas presented by Tradermentality are for informational and educational purposes only and should not be construed to represent trading or investment advice. None of the information contained herein constitutes a recommendation that any particular security, portfolio, transaction, or investment strategy is suitable for any specific person. Tradermentality does not advise you personally concerning the nature, potential, value or suitability of any particular security, portfolio, transaction, investment strategy or other matter. As such, subscribers agree that under no circumstances Tradermentality be held liable for any loss or damage caused by your reliance on information obtained from this website, including any articles, videos or other educational materials. Options involve risk and are not suitable for all investors.

All opinions are based upon information and systems considered reliable, but Tradermentality does not warrant its completeness or accuracy, and it should not be relied upon as such. While efforts will be made to ensure accuracy of information, Tradermentality is under no obligation to update or correct any information provided on this website. All statements and opinions are subject to change without notice.

Specific outcomes cannot be guaranteed. You should be aware of the real risk of loss in following any strategy or investment discussed on this website, including any articles, videos or other materials. Strategies or investments discussed may fluctuate in price or value. Investments or strategies mentioned on this website, including any articles, videos or other materials may not be suitable for you. This material does not take into account your particular investment objectives, financial situation or needs and is not intended as recommendations appropriate for you. You must make an independent decision regarding investments or strategies mentioned on this website, including any of the articles, videos or any other material mentioned. Before acting on information on this website, you should consider whether it is suitable for your particular circumstances and strongly consider seeking advice from your own financial or investment adviser. Investors should be aware of potential risks involving options trading, including losses, and are advised to consult with an investment professional.

This Site is intended solely for Users who are eighteen (18) years of age or older. Any registration by, use of or access by anyone under 18 is unauthorized, unlicensed and in violation of these Terms of Use. By accessing premium service, you represent and warrant that you are 18 or older, and that you agree to and to abide by all of the terms and conditions of these Terms of Use.

LEGAL NOTICE
Tradermentality does not give individualized stock market advice. It publishes information regarding companies that reflect our sincere opinions. However, they are not intended to be personalized recommendations to buy, hold, or sell securities. Investments in the securities markets, and especially in options, are speculative and involve substantial risk. Only you can determine what level of risk is appropriate for you. Prior to buying or selling an option, an investor must have a copy of Characteristics and Risks of Standardized Options. You can access and download the booklet on The Options Clearing Corporation’s (OCC) website at http://www.optionsclearing.com/about/publications/character-risks.jsp. This link reference is provided as a courtesy and does not imply that the OCC is endorsing anything. This booklet is also available for free from your broker or from any of the U.S. options exchanges.
You are encouraged to invest carefully and to utilize the information available at the websites of the Securities and Exchange Commission at http://www.sec.gov and the Financial Industry Regulatory Authority at http://www.FINRA.org. You can review public companies’ filings at the SEC’s EDGAR page. The FINRA has published information on how to invest carefully at its website. You are encouraged to get personal advice from your professional investment advisor or to make independent investigations before acting on information that is published on this website. Most information provided here is derived directly from information published by the companies on which we report and/or from other sources we believe are reliable, without our independent verification. Therefore, we cannot assure you that the information is accurate or complete. We do not in any way warrant or guarantee the success of any action which you take in reliance on our statements.
U.S. Government Required Disclaimer – Commodity Futures Trading Commission
Options trading has large potential rewards, but also large potential risk. You must be aware of the risks and be willing to accept them in order to invest in the futures and options markets. Don’t trade with money you can’t afford to lose. This is neither a solicitation nor an offer to Buy/Sell options or securities. No representation is being made that any account will or is likely to achieve profits or losses similar to those discussed on this web site. The past performance of any trading system or methodology is not necessarily indicative of future results.

CFTC RULE 4.41 – HYPOTHETICAL OR SIMULATED PERFORMANCE RESULTS HAVE CERTAIN LIMITATIONS. UNLIKE AN ACTUAL PERFORMANCE RECORD, SIMULATED RESULTS DO NOT REPRESENT ACTUAL TRADING. ALSO, SINCE THE TRADES HAVE NOT BEEN EXECUTED, THE RESULTS MAY HAVE UNDER-OR-OVER COMPENSATED FOR THE IMPACT, IF ANY, OF CERTAIN MARKET FACTORS, SUCH AS LACK OF LIQUIDITY. SIMULATED TRADING PROGRAMS IN GENERAL ARE ALSO SUBJECT TO THE FACT THAT THEY ARE DESIGNED WITH THE BENEFIT OF HINDSIGHT. NO REPRESENTATION IS BEING MADE THAT ANY ACCOUNT WILL OR IS LIKELY TO ACHIEVE PROFIT OR LOSSES SIMILAR TO THOSE SHOWN. All trades, patterns, charts, systems, etc., discussed in this advertisement and the product materials are for illustrative purposes only and not to be construed as specific advisory recommendations.

 

Terms of Service:

The following terms and conditions govern all use of the TraderMentality.com website and all content, services and products available at or through the website (taken together, the Website). The Website is owned and operated by TraderMentality.com (“TraderMentality”). The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, TraderMentality’s Privacy Policy) and procedures that may be published from time to time on this Site by TraderMentality (collectively, the “Agreement”).

Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by TraderMentality, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 18 years old.

  1. Your TraderMentality.com Account and Site. If you create a blog/site on the Website, you are responsible for maintaining the security of your account and blog, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the blog. You must not describe or assign keywords to your blog in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and TraderMentality may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause TraderMentality liability. You must immediately notify TraderMentality of any unauthorized uses of your blog, your account or any other breaches of security. TraderMentality will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
  2. Responsibility of Contributors. If you operate a blog, comment on a blog, post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
    • the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
    • if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
    • you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
    • the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
    • the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
    • the Content is not pornographic, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
    • your blog is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods;
    • your blog is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your blog’s URL or name is not the name of a person other than yourself or company other than your own; and
    • you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by TraderMentality or otherwise.

    By submitting Content to TraderMentality for inclusion on your Website, you grant TraderMentality a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your blog. If you delete Content, TraderMentality will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.

    Without limiting any of those representations or warranties, TraderMentality has the right (though not the obligation) to, in TraderMentality’s sole discretion (i) refuse or remove any content that, in TraderMentality’s reasonable opinion, violates any TraderMentality policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in TraderMentality’s sole discretion. TraderMentality will have no obligation to provide a refund of any amounts previously paid.

  3. Payment and Renewal.
    • General Terms.
      By selecting a product or service, you agree to pay TraderMentality the one-time and/or monthly or annual subscription fees indicated (additional payment terms may be included in other communications). Subscription payments will be charged on a pre-pay basis on the day you sign up for an Upgrade and will cover the use of that service for a monthly or annual subscription period as indicated. Payments are not refundable.
    • Automatic Renewal.
      Unless you notify TraderMentality before the end of the applicable subscription period that you want to cancel a subscription, your subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee for such subscription (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Upgrades can be canceled at any time by submitting your request to TraderMentality in writing.
  4. Services.
    • Fees; Payment. By signing up for a Services account you agree to pay TraderMentality the applicable setup fees and recurring fees. Applicable fees will be invoiced starting from the day your services are established and in advance of using such services. TraderMentality reserves the right to change the payment terms and fees upon thirty (30) days prior written notice to you. Services can be canceled by you at anytime on thirty (30) days written notice to TraderMentality.
    • Support. If your service includes access to priority email support. “Email support” means the ability to make requests for technical support assistance by email at any time (with reasonable efforts by TraderMentality to respond within 48 hours) concerning the use of the VIP Services. “Priority” means that support takes priority over support for users of the standard or free TraderMentality.com services. All support will be provided in accordance with TraderMentality standard services practices, procedures and policies.
  5. Responsibility of Website Visitors. TraderMentality has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, TraderMentality does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. TraderMentality disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
  6. Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which TraderMentality.com links, and that link to TraderMentality.com. TraderMentality does not have any control over those non-TraderMentality websites and webpages, and is not responsible for their contents or their use. By linking to a non-TraderMentality website or webpage, TraderMentality does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. TraderMentality disclaims any responsibility for any harm resulting from your use of non-TraderMentality websites and webpages.
  7. Copyright Infringement and DMCA Policy. As TraderMentality asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by TraderMentality.com violates your copyright, you are encouraged to notify TraderMentality in accordance with TraderMentality’s Digital Millennium Copyright Act (“DMCA”) Policy. TraderMentality will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. TraderMentality will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of TraderMentality or others. In the case of such termination, TraderMentality will have no obligation to provide a refund of any amounts previously paid to TraderMentality.
  8. Intellectual Property. This Agreement does not transfer from TraderMentality to you any TraderMentality or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with TraderMentality. TraderMentality, TraderMentality.com, the TraderMentality.com logo, and all other trademarks, service marks, graphics and logos used in connection with TraderMentality.com, or the Website are trademarks or registered trademarks of TraderMentality or TraderMentality’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any TraderMentality or third-party trademarks.
  9. Advertisements. TraderMentality reserves the right to display advertisements on your blog unless you have purchased an ad-free account.
  10. Attribution. TraderMentality reserves the right to display attribution links such as ‘Blog at TraderMentality.com,’ theme author, and font attribution in your blog footer or toolbar.
  11. Partner Products. By activating a partner product (e.g. theme) from one of our partners, you agree to that partner’s terms of service. You can opt out of their terms of service at any time by de-activating the partner product.
  12. Domain Names. If you are registering a domain name, using or transferring a previously registered domain name, you acknowledge and agree that use of the domain name is also subject to the policies of the Internet Corporation for Assigned Names and Numbers (“ICANN”), including their Registration Rights and Responsibilities.
  13. Changes. TraderMentality reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. TraderMentality may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
  14. Termination. TraderMentality may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your TraderMentality.com account (if you have one), you may simply discontinue using the Website. Notwithstanding the foregoing, if you have a paid services account, such account can only be terminated by TraderMentality if you materially breach this Agreement and fail to cure such breach within thirty (30) days from TraderMentality’s notice to you thereof; provided that, TraderMentality can terminate the Website immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
  15. Disclaimer of Warranties. The Website is provided “as is”. TraderMentality and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither TraderMentality nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
  16. Limitation of Liability. In no event will TraderMentality, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to TraderMentality under this agreement during the twelve (12) month period prior to the cause of action. TraderMentality shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
  17. General Representation and Warranty. You represent and warrant that (i) your use of the Website will be in strict accordance with the TraderMentality Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.
  18. Indemnification. You agree to indemnify and hold harmless TraderMentality, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
  19. Miscellaneous. This Agreement constitutes the entire agreement between TraderMentality and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of TraderMentality, or by the posting by TraderMentality of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the USA, excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in USA. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in USA, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; TraderMentality may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
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