STATEMENT OF TERMS AND CONDITIONS
By agreeing to the Terms and Conditions, I acknowledge that I am at least 18 years of age, that I have read and understand the information and terms contained herein, and that I agree to be bound by these Terms and Conditions. StockAbility™, LLC (“StockAbility™”) shall have no obligation to accept my enrollment in any Starter Program, Multi-asset Program or Complete Portfolio Program (“program”) and may choose not to do so in its sole and absolute discretion.
PAYMENT TERMS; REFUNDS.
Subject only to the express refund policies set forth herein, I agree to make payment to StockAbility™ of the total program cost I purchase, as well as any other charges I agree to incur hereafter. I agree that StockAbility™ has no obligation to provide course instructions or other requested services until such time as I pay all tuition and other charges owed by me. If using a credit card, I represent and warrant that (i) the credit card information I have supplied to StockAbility™ is true, correct and complete, (ii) I am duly authorized to use such credit card for the purchase, (iii) charges incurred by me will be honored by my credit card company, and (iv) I will pay charges incurred by me at the posted prices, including all applicable taxes.
Refund Policy for Programs.
I have the right to withdraw from any program without any penalty only if all of the following are true: (a) within five (5) calendar days after the earlier of (i) the date of my first payment towards taking such program and (ii) the date I first access the StockAbility™ Community (“Community”) resources, I notify StockAbility™ in writing of my desire to withdraw, (b) such notice is received by StockAbility™ more than three (3) days prior to the initially scheduled start date for such program, and (c) I have not accessed any StockAbility™ classes, programs or services whatsoever (other than items generally available to the public on its website). If I make a proper refund request in compliance with the foregoing, StockAbility™ will issue a full refund within 30 days from the date of such notice, in the amount I actually paid to StockAbility™. If the requirements of this Section for requesting a refund are not met by me, no refunds for courses or memberships (or any other services) will be made except as set forth in the following section.
Cancellation by StockAbility™.
I understand that StockAbility™ may terminate my participation in any course, trading session, or other program at any time in its sole discretion. If StockAbility™ makes such determination, it will promptly refund the proportional tuition that correlates with the untaken portion of the class or program.
I acknowledge that I may not initiate recordings of any kind during any class or session.
I hereby opt in to the use of my email address for both transactional and marketing materials and the use of my cell phone number for calls and texts. I expressly authorize StockAbility™ to call me or send me recorded messages or texts about their products (or third-party products) using automated technology to my telephone/cellular number I entered on this form. I understand that I am not required to give this consent in order to make a purchase.
Course Completion Requirements.
I acknowledge that my courses must be taken online within the time set for that particular course or program.
Disclosure of Information.
I agree that in order to maximize my educational experience StockAbility™ may request that I provide certain information regarding my trading experience, objectives, goals and current financial status. I acknowledge and agree that (i) any such information provided to StockAbility™ is provided voluntarily and is received solely for the purpose of assisting me to complete a course, trading session, or other program, and (ii) StockAbility™ will keep such information private and confidential and will maintain such information with access restricted to only those personnel who have a need to know in order to assist me with my educational experience. I acknowledge that my access to the “Community” includes access to the StockAbility™ website and all products, services and course(s) I have paid for.
Release of Information.
I hereby authorize StockAbility™ to exchange my information with broker dealers and FCM affiliates such as TD Ameritrade, TradeStation® and OANDA for the purpose of making me eligible for tuition reimbursements. I represent that I am not a professional trader as that term is defined for exchange data fee purposes.
I agree that StockAbility’s™ Website and all contents, features and functionality thereon (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), as well as all materials or any kind or nature whatsoever that are provided to me by virtue of StockAbility’s™ courses, trading sessions, or other programs and services (collectively, the “StockAbility™ IP”), are owned by StockAbility™ and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property rights laws.
I understand that I may use the StockAbility™ IP for my personal, non-commercial use only. I will not sell, license, rent, copy, reproduce, transmit, distribute, modify, create derivative works from, publicly display, publicly perform, republish, adapt, edit, download, store or transmit any of the StockAbility™ IP, with the following exceptions: (1) my computer may temporarily store copies of such materials, but only as is incidental to my accessing and viewing those materials and not for any commercial use or further sale, reproduction, publication, or distribution; (2) I may store files that are automatically cached by my Web browser for display enhancement purposes; and (3) I may print or download StockAbility™ IP that is provided to me, but only for my own personal, non-commercial use and not for further sale, reproduction, publication or distribution.
If I use StockAbility™ IP for any purposes that is not expressly permitted by these Terms and Conditions, I agree that StockAbility™ may remove me from all courses, trading sessions, or other programs, restrict my right to view its website, and/or require me to return or destroy any copies of StockAbility™ IP that I have made. No right, title or interest in or to the StockAbility™ IP is transferred to me, and all rights in such StockAbility™ IP are reserved by StockAbility™. Any use of the StockAbility™ IP not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark and other laws.
StockAbility’s™ name and website URL, as well as all related names, logos, product and service names, designs and slogans are trademarks of StockAbility™. I agree that I will not use such trademarks without the prior written permission of StockAbility™.
Notwithstanding the other provisions of these Terms and Conditions, including the arbitration provisions below, I agree that StockAbility™ may bring suit in court to enjoin my violation of this INTELLECTUAL PROPERTY Section and may seek a temporary restraining order, preliminary injunction, permanent injunction, or such other relief as is available to StockAbility™ for any breach of this Section by me, without the necessity of proving actual damages or posting bond or other security.
WARRANTY WAIVERS AND DISCLAIMERS:
I understand that the following warranty waivers, disclaimers, and other limitations apply to all course instruction, services, and other products received by me from StockAbility™:
No Licensing Education; No Guarantee of Employment.
StockAbility™ programs or other instruction may provide general guidance on how to actively invest/trade securities and/or other financial instruments for my own account at an appropriate financial firm which utilizes the electronic transmissions of securities and other financial instruments orders to execute trades for its customers. However, I understand that StockAbility’s™ programs are in no way a preparation for me to be a licensed broker of any type in the financial industry. I also acknowledge that no course of instruction from StockAbility™ is intended to or guaranteed to help me to get a job or any employment certification.
No Professional Advice.
Neither StockAbility™ nor any of its representatives are lawyers or accountants, and no course instruction or other information provided to me by StockAbility™ or its representatives is intended to be personal accounting or legal advice. Furthermore, StockAbility™, its instructors or assistants are not Registered Broker/Dealers, Certified Financial Planners or Registered Investment Advisers and no course instruction or other information provided to me by StockAbility™ or its representatives is intended to be personal financial, investment or trading advice.
NO INVESTMENT ADVICE; NO GUARANTEE OF RESULTS; WARRANTY WAIVER.
I ACKNOWLEDGE AND UNDERSTAND THAT STOCKABILITY™ PROVIDES GENERAL INVESTMENT AND FINANCIAL INSTRUCTIONS FOR GENERAL LEARNING PURPOSES ONLY. NEITHER STOCKABILITY™ NOR ANY PRESENTER OF SUCH INSTRUCTIONAL MATERIALS OR INFORMATION MAKES ANY CLAIM, GUARANTEE, OR WARRANTY THAT THEIR INFORMATION OR PROGRAMS ARE EFFECTIVE OR APPROPRIATE IN MY PARTICULAR SITUATION OR IN ANY CERTAIN SITUATION. I UNDERSTAND THAT ANY GENERAL INVESTMENT ADVICE FROM STOCKABILITY™ OR ITS REPRESENTATIVES IS NOT NECESSARILY SUITABLE FOR MY SPECIFIC SITUATION. I ACKNOWLEDGE THAT THE STOCKABILITY™ COURSES, TRADING PROGRAMS, OTHER PROGRAMS, AND THE USE OF ITS OTHER PRODUCTS AND SERVICES, SHOULD NOT BE CONSTRUED AS A RECOMMENDATION OR AN OFFER TO BUY OR SELL ANY STOCK OR OTHER SECURITY OR A RECOMMENDATION AS TO THE SUITABILITY OF ANY INVESTMENT STRATEGY. SPECIFIC ADVICE CONCERNING THE PURCHASE OR SALE OF ANY STOCK OR OTHER SECURITY, OTHER FINANCIAL INSTRUMENT OR SYSTEM CAN ONLY BE LEGALLY PROVIDED BY A LICENSED INDUSTRY REPRESENTATIVE SUCH AS, BUT NOT LIMITED TO, A BROKER/DEALER, INTRODUCING BROKER, FCM AND/OR REGISTERED INVESTMENT ADVISOR. NEITHER STOCKABILITY™ NOR ITS REPRESENTATIVES ARE LICENSED TO PROVIDE SUCH ADVICE. ALL PURCHASERS OF THE STOCKABILITY™ TRAINING PROGRAMS OR PRODUCTS SHOULD SPEAK WITH A LICENSED REPRESENTATIVE OF THEIR CHOICE REGARDING THE APPROPRIATENESS OF THEIR PARTICULAR INVESTING/TRADING OR OF ANY PARTICULAR INVESTMENT/TRADING STRATEGY. ALL PROGRAMS OFFERED BY STOCKABILITY™ ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY (A) WARRANTY OF MERCHANTABILITY OR (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE.
Without limiting the foregoing, I understand that neither StockAbility™, my participation in the Community or courses therein, nor any brokerage firm at which I open a trading account can or will offer me assurance that my trading will result in profits. I UNDERSTAND THAT ANY CAPITAL I ALLOCATE TO TRADING DURING OR AFTER TAKING ANY STOCKABILITY™ PROGRAM OR PARTICIPATING IN THE COMMUNITY MAY BE LOST IN ITS ENTIRETY. I understand that I will be taught how to invest or trade short term in some cases on an intra-day basis, use of trading software and the data it displays but will not be given specific recommendations as to particular financial instruments to trade at particular times. All trading done by me during or after taking any course, Guided Trade Sessions or otherwise participating in this Community will be determined by me alone and will be at my own risk.
LIMITATION OF LIABILITY.
IN NO EVENT SHALL STOCKABILITY™ OR ANY OF ITS REPRESENTATIVES BE LIABLE TO ME OR ANY THIRD PARTY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES, LOST PROFITS OR REVENUES OR DIMINUTION IN VALUE, ARISING OUT OF, OR RELATING TO, AND/OR IN CONNECTION WITH ANY BREACH OF THESE TERMS AND CONDITIONS OR THE SALE OF PROGRAMS TO ME, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT STOCKABILITY™ WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED.
WITHOUT LIMITING THE FOREGOING DISCLAIMERS AND LIMITATIONS, STOCKABILITY’S™ SOLE AND ENTIRE MAXIMUM LIABILITY, FOR ANY REASON, AND MY SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER RELATED TO STOCKABILITY’S™ PROGRAMS, AND OTHER PRODUCTS AND/OR SERVICES, SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY ME FOR SUCH PROGRAMS AND SERVICES.
INFORMAL DISPUTE RESOLUTION.
If there is any dispute, claim question or disagreement arising from these Terms and Conditions or any services provided to me by StockAbility™, and such dispute is between me and StockAbility™ or any of its agents, representatives, or instructors, I agree to use my good faith efforts to settle the dispute, claim, question or disagreement by consulting and negotiating with StockAbility™ and its representatives and attempting to reach a solution satisfactory to all parties. Informal dispute consultations and negotiations may be face to face, by telephone or by a form of video conference. I agree to attempt in good faith to negotiate an amicable resolution of any dispute with StockAbility™ for a period of 60 days before pursuing formal legal proceedings against StockAbility™. Notwithstanding the foregoing or anything to the contrary herein, I am not waiving my right to pursue claims against StockAbility in small claims or justice courts, provided such claims are within the jurisdictional limits of such courts.
IF I AND STOCKABILITY™ (AND/OR ITS AGENTS AND REPRESENTATIVES) DO NOT RESOLVE ANY DISPUTE BY INFORMAL NEGOTIATION OR IN SMALL CLAIMS COURT, AND THE 60-DAY PERIOD CONTEMPLATED BY THE PRECEDING SECTION HAS PASSED, ANY OTHER EFFORT TO RESOLVE THE DISPUTE WILL BE CONDUCTED EXCLUSIVELY BY BINDING ARBITRATION, IN ACCORDANCE WITH THE FOLLOWING:
Upon written notice by one party to the dispute to the other, all disputes, claims, questions or differences shall be finally settled by arbitration administered by the American Arbitration Association (“AAA”) in Accordance with its Consumer Arbitration Rules (which are available at adr.org or by calling 1-800-778-7879). If the AAA refuses to accept the arbitration, arbitration will be administered by a single arbitrator (utilizing the AAA Consumer Arbitration Rules) that all parties agree upon or, failing such agreement, that is appointed by a court of competent jurisdiction.
I understand that I am hereby giving up the right to litigate any and all disputes with StockAbility™ or any of its representatives in court before a judge or jury. Instead, all disputes will be resolved before a neutral arbitrator pursuant to the preceding paragraph, whose decision will be final except for a limited right of appeal under the Federal Arbitration Act. Any court with jurisdiction over the parties may enforce the arbitrator’s award. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages) and must follow the terms of these Terms and Conditions as a court would.
If negotiation has failed to reach a resolution and I wish to begin an arbitration proceeding, I may either send a letter requesting arbitration and describing the claim to the American Arbitration Association, Case Filing Services, 1101 Laurel Oak Road, Suite 100, Voorhees, NJ 08043, or file online using AAA WebFile: www.adr.org., or file at any of the AAA’s offices. I agree to send a copy of any such filing or letter to StockAbility™ in any manner deemed effective as service of process of a lawsuit under the laws of the State of Delaware.
Payment of all filing, administration and arbitrator fees will be governed by the AAA’s Consumer Rules. The prevailing party in the arbitration shall recover its attorneys’ fees and arbitration fees from the nonprevailing party unless prohibited by the AAA’s consumer rules or by non-waivable law (provided that if the preceding sentence would render this arbitration agreement void, then the preceding sentence shall be ineffective). The arbitration may be conducted by telephone, based on written submissions, or in person in the county where I live or at another mutually agreed location.
NO CLASS ACTIONS; WAIVER OF JURY.
I agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration I waive my right to a jury trial.
These Terms and Conditions and all matters arising out of or relating to these Terms and Conditions are governed by, and construed in accordance with, the laws of Delaware (and, where applicable, the Federal Arbitration Act or other federal law), without giving effect to any conflict of laws provisions thereof. These Terms and Conditions are performable in the State of Delaware. In the event that any party institutes any legal suit, action, or proceeding against any other party arising out of or relating to these Terms and Conditions, (subject to any express limitations set forth herein or by non-waivable law) the prevailing party in the suit, action or proceeding shall be entitled to receive from the nonprevailing party or parties, in addition to all other damages to which it may be entitled, the costs incurred by such prevailing party in conducting the suit, action, or proceeding, including reasonable attorneys’ fees and court costs. These Terms and Conditions contain the entire understanding of the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous written or oral understandings, agreements, representations, and warranties with respect to such subject matter. No party is relying upon any representation not contained herein. The parties may not amend these Terms and Conditions except by written instrument signed by all parties hereto. No waiver of any right, remedy, power, or privilege under these Terms and Conditions are effective unless contained in a writing signed by the party charged with such waiver. No party may directly or indirectly assign, transfer, or delegate any of or all of its rights or obligations under these Terms and Conditions without the prior written consent of all other parties hereto. Any purported assignment or delegation in violation of this Section shall be null and void. These Terms and Conditions are binding upon and inure to the benefit of the parties and their respective successors and permitted assigns. There are no third-party beneficiaries under these Terms and Conditions.