The Tenacious Trader Subscription Agreement, Terms of Use, & Disclaimer.
The following are the terms and conditions for the tenacioustrader.com. Please read them carefully.
Scope of Agreement:
Under this Agreement Perry David, dba The Tenacious Trader, LLC, a.k.a. thetenacioustrader.com, (hereinafter “The Tenacious Trader”), furnishes online financial information, opinions, and services to visitors and members. By visiting this Web site you agree to be bound by this Agreement. The term “use” means the use and availability of, access to, transmission to or from or any exchange of information or communication in connection with or arising from the Service. The term “Service” means this entire Web site and any communication, directly or indirectly, with Perry David.
This entire agreement between you and The Tenacious Trader supersedes prior agreements regarding its subject matter. Whenever new products or services become available your use of them will be governed by this Agreement unless notified otherwise. You must comply with any additional terms which apply to third party content, software or other services. This Agreement and/or the services offered may change at any time. Any changes made will be posted on thetenacioustrader.com or sent to you via e-mail. By continuing to use the Service you agree to be bound by the changes in the new Agreement.
Scope of Service:
All content is provided for informational and educational purposes only. You agree that such content should not be interpreted as investment advice, as an endorsement of any security, or as an offer to buy or sell any security. Perry David is not a registered broker dealer, or financial advisor and does not represent himself as an investment advisor or properly licensed party. The Tenacious Trader and Perry David do not provide personal investment advice. You also understand and agree that, from time to time, any or all of the information providers or their affiliates may hold positions in securities mentioned and that they may trade for their own account based on this information. Members and visitors to The Tenacious Trader should assume, at all times, that any investment instrument discussed or listed on the tenacioustrader.com may be owned or shorted by Perry David or members of his family, or that such instruments could be purchased or shorted by Perry David or members of his family in the near or distant future.
Remarks and data comprising the Service are for informational purposes only and are provided without warranty of any kind.
In no event will The Tenacious Trader be liable for any direct, indirect, consequential, or incidental damages arising out of any decision made, or action taken, by you in reliance on the Service, whether or not caused in whole or part by negligence or error.
The trading of securities may not be suitable for all potential users of the Service. You should be aware of the inherent risks in financial markets. Past performance does not guarantee or imply future success. You cannot assume that profits or gains will be realized or that any opinion offered on the Web site will be profitable. Due diligence is necessary for any and all investment or trading decisions to be made by you.
Information provided on this Web site is general in nature and does not constitute financial advice.
The Tenacious Trader will endeavor to update the Web site as needed. However, information can change without notice and The Tenacious Trader does not guarantee the accuracy of information on the Web site, including information provided by third parties, at any particular time.
Every effort has been made to ensure that the information provided is accurate. Individuals must not rely on this information to make a financial or investment decision. Before making any decision, it is recommended you consult a financial planner to take into account your particular investment objectives, financial situation and individual needs.
The Tenacious Trader does not offer any warranty as to the accuracy, reliability or completeness of information which is contained in the Web site. The Tenacious Trader and its employees do not accept any liability for any errors or omissions on this Web site or for any resulting loss or damage suffered by the recipient or any other person.
Copyright and Limitations on Use:
Unless otherwise specified, copyright of information provided on this Web site is owned by The Tenacious Trader and Perry David. You may not alter or modify this information in any way, including the removal of the copyright notice.
You agree not to reproduce, distribute, sell, publish, broadcast, or circulate any information without prior written consent.
Revocation:
The Tenacious Trader reserves the right to revoke membership, with or without cause or notification, if a violation of this agreement is suspected, and no refunds will be issued.
Links to Other Web sites:
The Tenacious Trader does not control any other Web sites to which it links; thus, you acknowledge and agree that The Tenacious Trader shall not be held responsible for the legality, accuracy, or inappropriate nature of any content, advertising, products, services, or information provided by such Web sites, nor for any loss or damages caused or alleged to have been caused by the use of, or reliance on, any such content.
Code of Conduct:
While visiting thetenacioustrader.com you agree not to: Restrict or inhibit any other visitor or member from using any product or service, including, without limitation, by means of “hacking” or “cracking” or defacing any portion of The Tenacious Trader Web site; use any product or service for any unlawful purpose; express or imply that any statements you make are endorsed by The Tenacious Trader, without prior written consent; 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; or (d) any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities, or other unsolicited commercial communication (except as otherwise expressly permitted); engage in spamming; 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 of thetenacioustrader.com Website; remove any copyright, trademark, or other proprietary rights notices contained at thetenacioustrader.com Web site; “Frame” or “mirror” any part of thetenacioustrader.com without 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 any product or service or its contents; harvest or collect information about visitors to, or members of, thetenacioustrader.com without their express consent; or Permit anyone without an account or subscription to use any product or service through your subscription, user name or password.
Failure to Access Service:
You agree that The Tenacious Trader is not responsible for your inability to logon to The Tenacious Trader Web site, either because of poor Internet connections, incorrect typing of login names or passwords, and/or browser incompatibility. The Tenacious Trader will not be held responsible for limited or inhibited service due to power outages, network problems, regular maintenance, Web site upgrades, or high traffic volumes. You agree that neither The Tenacious Trader, nor its suppliers, are responsible or liable for any loss or damage caused by your inability to use or access the Service, whether or not caused in whole, or in part, by negligence on the part of The Tenacious Trader.
Death or Disability:
Upon the death or disability of Perry David, this Web site and all memberships will be closed and any membership rights will be terminated without refund. The heirs of Perry David are to assume no responsibility, financial or otherwise, for continuing the Website or fulfilling membership services or obligations that existed before his death or disability.
Indemnification; Governing Law; Jurisdiction:
You agree to defend, indemnify, and hold The Tenacious Trader, its employees and other representatives harmless from, and against, all liabilities, damages, claims, actions, costs, and expenses (including attorneys fees) in connection with, or arising from, your breach of this Agreement.
This Agreement is personal to you and you may not assign your rights or obligations to anyone. If any provision of this Agreement is deemed invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect. This Agreement shall be deemed to have been made in the State of Connecticut and shall be governed by the laws of the State of Connecticut, exclusive of its rules governing choice of law and conflict of laws. The parties expressly stipulate to jurisdiction in Hartford, Connecticut. As an implied condition of use of the services provided, Perry David has the sole right to choose the proper forum and/or jurisdiction for any proceeding and may, at his own discretion, require each party to submit to alternative forms of dispute resolution such as determined necessary and/or desirable by Perry David.
YOU AGREE THAT IF ANY APPLICABLE AUTHORITY HOLDS ANY PORTION OF THIS LEGAL AGREEMENT TO BE INVALID, THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO PERRY DAVID FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION SHALL BE THE TOTAL AMOUNT PAID BY YOU, IF ANY, FOR ACCESS TO THETENACIOUSTRADER.COM OR ANY SERVICE OFFERED BY PERRY DAVID AT THE TENACIOUS TRADER WEBSITE.
THIS AGREEMENT WAS LAST UPDATED ON: February11, 2012
