Terms and Conditions of OpportunisticTrader.com Web Site

These terms and conditions (“Terms and Conditions” or “Agreement”) govern your use of www.opportunistictrader.com (the “Web Site”) provided by The Opportunistic Trader, LLC, a Delaware limited liability company (“The Opportunistic Trader” or “TOT” or “we” or “us” or “our”) and you agree to be bound by, and to act in accordance with, the Terms and Conditions in order to access and use the Web Site.

  1. Notification of Changes

The Opportunistic Trader may change or revise these Terms and Conditions from time to time without prior notice by updating this page or posting. You agree to review the Terms and Conditions each time you visit the Web Site to keep up to date with the current terms regarding your use of the Web Site. Your use of the Web Site reaffirms your continuing agreement to the then-current Terms and Conditions. You will be prompted upon login to accept any revisions to these Terms and Conditions.

You also hereby agree that TOT may communicate with you through any available means including email, telephone, or postal or other courier service, about your account or any products or services associated with the Web Site. You acknowledge and agree that we shall have no liability associated with or arising from your failure to maintain accurate contact or other information, including, but not limited to, your failure to receive critical information about the Web Site or pricing.

  1. The Opportunistic Trader Community

The Web Site, including all of its content, materials and services is an online resource related to the trading of securities and serves as an interactive community to help traders of all levels across all asset classes become more informed and more consistent traders. Web Site and community features may include, among others, live streams, chat rooms, forums and interactive discussions, polls, trading, investment and research tools, and educational classes, materials and resources for use by users and members in connection with their trading activities.

In consideration of each user’s (each, a “user”, “customer,” “member” or “you”) access to and use of the Web Site, we require all users to conduct themselves with civility and integrity, to abide by these Terms and Conditions as provided herein, and according to any other rules, regulations or policies of The Opportunistic Trader as well as any applicable federal, state or local laws, rules or regulations.

 

You understand, acknowledge and agree that these Terms and Conditions govern all aspects of your use of the Web Site and services of The Opportunistic Trader.  By agreeing to these Terms and Conditions and using and accessing the Web Site, you acknowledge that you have received, read and understood these Terms and Conditions as well as TOT’s Privacy Policy or any other policy of The Opportunistic Trader.

 

  1. General Terms

By clicking “I AGREE” and/or using or accessing the Web Site, you thereby agree to and/or represent and warrant the following: (i) that you are at least eighteen (18) years of age; (ii) that you are not currently restricted or prohibited from using the Web Site; (iii) that you have received, read and understood these Terms and Conditions, and that these Terms and Conditions create a valid and binding agreement, enforceable against you; (iv) to be bound by these Terms and Conditions, any terms, conditions or other rules, regulations or policies (including, without limitation, the Code of Conduct) of The Opportunistic Trader, as each may be amended or supplemented from time to time in TOT’s sole discretion without notice to you; (v) that you are not engaged in any business or activity that is in competition (either directly or indirectly) with The Opportunistic Trader; (vi) that you will not violate any rights (including but not limited to any intellectual property rights, trademarks or copyrights) of The Opportunistic Trade or of any third party; (vii) that you have full power and authority to enter into and be bound by the terms hereof; and (viii) that your use of the Web Site shall comply with all applicable federal, state and local laws, rules or regulations, the familiarity with which you are solely responsible.

If you do not click “I AGREE” or otherwise do not agree with any portion of these Terms and Conditions, you are prohibited from using or accessing this Web Site.

  1. Code of Conduct and Restrictions

You agree to abide by the following code of conduct (“Code of Conduct”) and restrictions in conjunction with your participation in the The Opportunistic Trader.  Without limiting the generality of any other provision hereof, you acknowledge, agree and state as follows:

  • I acknowledge that the Web Site is for my personal, non-commercial use, and I will not post, send or otherwise transmit unsolicited commercial or business information, emails, advertisements or other messages using the Web Site (i.e. SPAM communications);
  • I will not solicit other TOT participants or members for personal or other information such as email addresses, contact information, log-in or account information. I will not use any individual’s name, likeness or voice, in whole or in part, without permission, nor will I provide e-mail addresses, URLs, phone numbers, physical addresses or other forms of contact information for myself or any other party. I will not collect or store personal information about other participants or community members of the Web Site;
  • I will not promote, offer for sale or sell any product or service, including, without limitation, any financial or investment product, security or service, or any contest or promotion;
  • I will not either directly or indirectly, intentionally or unintentionally engage in activity that is unlawful under any federal, state or local laws or regulations, including but not limited to the laws and regulations of the U.S. Securities and Exchange Commission, the U.S. Commodity Futures Trading Commission, the rules or regulations of any national or other securities exchange or any laws or regulations of a foreign government or entity;
  • I will not access the Web Site using any automated means, including, without limitation, harvesting bot, robot, spider, scraper, spyware, malware, etc.;
  • I will not upload, use or disseminate viruses or other malicious code or other abusive scripts or processes;
  • I will not engage in any activity that could disable, overburden, or impair the operation or availability of the Web Site, such as a denial of service attack;
  • I will not bully, intimidate, or harass any person and will at all times conduct myself with civility and integrity;
  • I will not post content that is hateful, threatening, vulgar or pornographic, incites violence, or contains nudity, graphic material, gratuitous violence or any content deemed by TOT, in its sole discretion, to be inappropriate;
  • I will not engage in manipulative practices designed to obfuscate or hide the true intent of my submissions to the Web Site or to create a false or misleading identity (e.g. sockpuppeting), or to artificially generate traffic to another website;
  • I will not post or link to content that could be considered confidential, personal or proprietary information, trade secrets or inside information of a third-party;
  • I will not violate or otherwise use patented, copyrighted, trademarked or other protected intellectual property without the written consent and authorization of the owner of such property;
  • I will not post any false claims (including, without limitation, any misleading or false performance data) or misleading information pertaining to any product, investment, performance, service or entity;
  • I will not impersonate any person or entity, including but not limited to any government office or employee and, further, will not misrepresent any registrations or qualifications that I do not actually hold or possess;
  • I will not interfere, disrupt, or attempt to gain unauthorized access to other passwords, user authentications, accounts, or personal information on the site or to any other computer network;
  • I will not engage in or attempt to engage in any other activity deemed by TOT, in our sole discretion, to be unacceptable when using this Web Site or in conflict with the spirit or intent of this Agreement;
  • I will not use the Web Site in any manner that is, or could reasonably be construed to be, in violation of these Terms and Conditions, fraudulent, misleading, malicious or discriminatory;
  • I will not post or make any defamatory, disparaging or false statements, claims or allegations related to the Web Site, The Opportunistic Trader, or any other product or service of TOT whether on the Web Site or in any other format (e.g., public media, social media, testimonials, forums, reviews, etc.);
  • I agree that all content, materials, services and other intellectual property contained or embodied in the Web Site are owned by The Opportunistic Trader and are protected by patent, copyright, trademark and other similar laws and will not distribute or disseminate the Web Site or any portion thereof (mirror) on any other server; and
  • I acknowledge that all content, materials and services related to the Web Site shall be solely used for, and you hereby agree to solely use it for, your own personal use in connection with your trading activities, and for no other use.
  1. Violations and Termination of User Account

Any violation of the aforementioned Code of Conduct or of any part of these Terms and Conditions by any user or member will result in such user’s or member’s immediate removal from the Web Site and any other TOT service and such user or member thereby automatically forfeits such user’s or member’s right to request a refund.

The Opportunistic Trader reserves the right to investigate violations of any of these Terms and Conditions or any other policies of The Opportunistic Trader and/or the Web Site, or any other violations of any state, federal or local law, rule or regulation.  TOT further reserves the right to pursue any other remedy available to it whether at law, in equity or otherwise.

You hereby acknowledge and agree that TOT may notify and/or cooperate with law enforcement authorities in investigating and prosecuting users who violate any state, federal or local laws, rules or regulations and other these Terms and Conditions. You further acknowledge and agree that TOT has no obligation to, and does not, screen or monitor any users, information, materials or other content provided or made available through the Web Site but has the right to do so at any time in its sole discretion. You further acknowledge and agree that TOT may, in its sole discretion, remove or delete any entries, information, materials or other content, and terminate the subscription, membership or account (collectively, your “account”) of any user, that violates these Terms and Conditions or otherwise posts, submits, or disseminates content that TOT finds, in its sole and absolute discretion, to be objectionable.

TOT may refuse, in its sole discretion, to permit any use of the Web Site, and may refuse to permit any person to access or use the Web Site or your account for any reason at any time.

  1. Grant of Limited License

By becoming a member of The Opportunistic Trader and using the Web Site, TOT hereby grants to you, subject to these Terms and Conditions, a limited, non-sublicensable, and non-exclusive, revocable license to use the Web Site, and its content, materials and services, solely for your personal use and for the purposes set forth on the Web Site.  The Opportunistic Trader may freely revoke or terminate such limited revocable license at any time, without cause and in its sole and absolute discretion.  This limited revocable license shall automatically be revoked and terminated upon any violation of these Terms and Conditions or any other rule, regulation or policy of TOT.

If such limited revocable license is revoked from you by TOT, you will be denied access to the Web Site and you further agree to destroy any written or electronic materials relating to the Web Site or any TOT product or service immediately.  Furthermore, you acknowledge that any personal information of yours may be preserved or disposed of by TOT in accordance with the terms of TOT’s Privacy Policy.  Any information you submit to TOT is at your own risk of loss, and TOT assumes no liability or responsibility therefor.

The Opportunistic Trader reserves all rights not expressly granted in these Terms and Conditions, including title, ownership, intellectual property rights, and all other right, title and interest in and to the Web Site, the products and services of TOT and all related content, materials, services, and any other information including any derivative works thereof.  You also hereby grant to The Opportunistic Trade an exclusive, worldwide, irrevocable, perpetual, unlimited, freely assignable, sub-licensable, royalty-free right to use, copy, prepare derivative works of, improve, distribute, publish, remove, retain, add, process, analyze and commercialize, in any way now known or in the future discovered, any information, content, ideas, concepts, techniques, data or suggestions submitted to the Web Site for the purpose of improving or modifying the Web Site, or any other purpose arising from or ancillary to the Web Site, without any further consent, notice or compensation to you or to any third parties.

  1. Membership, Subscriptions and Refunds

When purchasing any TOT membership, subscription or other periodic fee service on the Web Site, you will be required to provide a valid credit card for billing purposes. You hereby consent to, acknowledge and allow The Opportunistic Trader (or cause a third party service provider) to store such payment information and agree to the following policies and procedures for payment of subscription, membership or other periodic fees related to the Web Site.

All payments or fees paid to The Opportunistic Trader for any membership or account or other product or service (including any renewals) are non-refundable.  In no circumstance shall TOT be required to provide any refunds or credits for any reason, including, without limitation, satisfaction or your failure to cancel your account or service prior to its automatic renewal.

All fees charged by TOT are exclusive of any taxes, levies, or duties imposed by any taxing authority, and you shall be responsible for the payment of all such taxes, levies, or duties arising from your purchase of products or use of the Web Site.

  1. Changes to the Web Site and Pricing

Without limitation, you acknowledge and agree that The Opportunistic Trader reserves the right to and may at any time and without notice to you make any modifications or changes to the Web Site or any content, materials and services offered thereby including but not limited to any fees, costs or pricing in connection with your use of the Web Site or any product or service at any time and without notice.  You also acknowledge that the Web Site, or certain portions or features of it, may at times be inaccessible or inoperable for any number of reasons, including but not limited to: (a) equipment, software, or communications malfunctions; (b) personnel, employee, or third party issues; (c) maintenance, repairs, upgrades, or content updates; (d) administrative, technical, or other reviews which we may undertake as we deem in our sole discretion to be necessary or appropriate; or (e) causes beyond our control.

Any newly added features to the Web Site shall be subject to these Terms and Conditions and may result, in TOT’s sole discretion, to a price increase. TOT reserves the right at any time to modify or discontinue the Web Site (or any part or content thereof) without notice at any time.  In no circumstance shall TOT be liable to you, or to any third party, for any damages, costs, expenses or other liabilities related to any modification, price change, suspension or discontinuance of the Web Site.

  1. Account Cancellations

Your account or service may be cancelled, subject to the terms hereof, at any time by The Opportunistic Trade; provided that, as set forth above, no refunds will be issued if your account or other periodic fee service is cancelled prior to the end of the applicable period or term.

After cancellation of your account or subscription, TOT shall be not be required to (but may at its sole discretion) retain any data, content or information pertaining to your account after cancellation in backup and/or archival copies of the Web Site and related databases, but such copies, if any, will not be available to you.

  1. General Disclaimer

YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE WEB SITE, AND ANY CONTENT, SERVICES OR OTHER INFORMATION, IS SOLELY AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY LIABILITY, CLAIM, DAMAGES, LOSS, COST OR EXPENSE, THAT RESULTS FROM OR ARISES FROM YOUR USE OF THE WEB SITE, OR ANY CONTENT, SERVICES OR OTHER INFORMATION. YOU HEREBY EXPRESSLY DISCLAIM AND RELEASE AND WAIVE ANY LIABILITY, CLAIM, DAMAGES, LOSS, COST OR EXPENSE, RELATED TO OR ARISING FROM, THE WARRANTIES DISCLAIMED BY THE OPPORTUNISTIC TRADER.

  1. Disclaimer of Warranties and Other Disclaimers

THE WEB SITE IS PROVIDED “AS IS” AND, TO THE FULLEST EXTENT OF THE LAW, THE OPPORTUNISTIC TRADER DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED. USE OF THE SERVICE IS AT YOUR SOLE RISK. WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO: (A) ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; (B) THAT THE WEB SITE, OR THE SERVICE PROVIDED BY US, WILL MEET YOUR REQUIREMENTS; (C) THAT THE SITE AND ANY TRANSMISSIONS SENT OR RECEIVED BY YOU TO OR FROM IT OF ANY NATURE WILL BE TRANSMITTED SECURELY, UNINTERRUPTED, ACCESSIBLE, OR ERROR-FREE; (D) THAT THE SITE AND/OR ITS FUNCTIONS WILL ALWAYS BE OPERATIONAL WHEN YOU USE IT OR ATTEMPT TO USE IT; AND/OR (E) THAT ANY INFORMATION, DATA, OR CONTENT OBTAINED FROM OR POSTED ON THE WEB SITE, WHETHER BY US, A USER, OR OTHER THIRD PARTY WILL BE ACCURATE, RELIABLE, COMPLETE, FREE FROM VIRUSES OR OTHER MALICIOUS CODE, OR FREE FROM ANY CLAIMS OF INFRINGEMENT OF ANOTHER PARTY’S INTELLECTUAL PROPERTY RIGHTS.  NO ADVICE OR INFORMATION OBTAINED BY YOU FROM US, WHETHER IN ORAL, WRITTEN, OR IN ELECTRONIC FORM, RELATING TO THIS AGREEMENT OR YOUR USE OF THE WEB SITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.

THE OPPORTUNISTIC TRADER FURTHER DISCLAIMS ANY WARRANTIES FOR ANY INFORMATION, CONTENT OR ADVICE OBTAINED THROUGH THE WEB SITE; AND, TOT DISCLAIMS ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE WEB SITE OR RECEIVED THROUGH ANY LINKS PROVIDED BY THE WEB SITE.

Not Investment Advice

The Web Site, products and any services that may be offered by The Opportunistic Trader provide solely content for INFORMATIONAL and EDUCATIONAL PURPOSES ONLY, and do not constitute “investment advisory services” as defined by the Investment Advisers Act of 1940.  The Opportunistic Trader does not hold any registrations or offer any investment advisory services whatsoever.  The Opportunistic Trader is not registered as an investment adviser with the U.S. Securities and Exchange Commission or any other federal or national governmental or regulatory authority, or any state securities governmental or regulatory authority, and the business and activities of The Opportunistic Trader do not require any such registration.  TOT does not, directly or indirectly through the Web Site or any of its services, engage in the business of advising you (or others) as to the value of securities, the advisability of investing in, purchasing, or selling securities, or the issuance or promulgation of analyses or reports concerning securities. The content and information provided by the Web Site is solely incidental to the business and activities of The Opportunistic Trader in providing educational services.

Investing in securities and/or other financial instruments is speculative and carries a high degree of risk.  As such, you may lose some or all of the money that is invested. Always research your own investments and consult with a registered investment advisor or licensed stock broker before investing.  You remain solely responsible for all decisions regarding your purchase and sale of securities, the suitability, profitability or appropriateness for you of any security, investment, financial product, investment strategy or other matter, and all other matters related to your investments and investment strategies. Neither The Opportunistic Trader nor any of its employees, agents or affiliates will provide you with any legal, tax, estate planning or accounting advice, or any advice regarding the suitability, profitability or appropriateness for you of any security, investment, financial product, investment strategy or other matter.  You are hereby advised to consult with your own investment, tax and legal advisors regarding the suitability of any such investment.

You further understand, acknowledge and agree that TOT employees are not authorized to give any such advice and you will neither solicit nor rely on any investment advice from any TOT employee or affiliate.  TOT recommends that you consult with your professional, licensed and qualified financial, legal, tax, estate planning and accounting advisors prior to making any investment decisions. PAST PERFORMANCE IS NOT INDICATIVE OF FUTURE RESULTS.

Web Site Content and Data

Any content, data or information provided by The Opportunistic Trader, the Web Site or the other TOT product and service, shall not constitute or be construed as, advice or any recommendation to buy, sell or hold a particular security or pursue any particular investment strategy.

We neither endorse nor are responsible for the accuracy or reliability of any opinion, advice or statement made on or off the Web Site by any user or any other individual (whether through any discussion forum, live stream, chat room, webcast, etc.).  Furthermore, any opinions expressed (including, without limitation, any research or analysis) on the Web Site or in any forum by the “Experts” or other employees or affiliates of TOT are those of the author and do not necessarily represent those of The Opportunistic Trader.   It is solely your responsibility to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through the Web Site or through an individual Web Site user.  If you choose to rely on such information, you understand, acknowledge and agree do so solely at your own risk.  Advice of a professional may be necessary for you regarding the evaluation of any specific information, opinion, advice or other content.  TOT neither assumes responsibility for, nor guarantees the accuracy, currency, completeness or usefulness of information, commentary, recommendations, advice, investment ideas or other materials that may be accessed by you through the Web Site.

You acknowledge and agree that any discussion forum or chat room hosted by the Web Site is comprised of users and members (as well as, occasionally, TOT moderators) posting their own content and information.  As such, all information and content are for informational purposes only and do not constitute advice or recommendations by The Opportunistic Trader to enter into any securities transactions or engage in any of the financial strategies reflected on or suggested in discussion forum and chat room.

Users and members may write about securities in which they may or may not have a financial or other interest.  According to the Code of Conduct herein, users are prohibited from misrepresenting their performance data.  Additionally, performance data reflecting a user’s or member’s holdings may include information about securities not held by The Opportunistic Trader or its principals, officers, employees, agents and affiliates. As such, TOT does not control and is not responsible for the accuracy of data, content or information or any performance data in any discussion forum or chat room.

Without limiting the generality of the foregoing, you understand, acknowledge and agree that chat room moderators may post or highlight both real and hypothetical trades and real and simulated or hypothetical returns for informational and educational purposes only.  Moderator commentary is opinion and ideas only and does not constitute any recommendation whatsoever, and you should not rely on such opinions and ideas which may not be complete or accurate.

You understand, acknowledge and agree that results may be based on simulated or hypothetical performance, and such results have certain inherent limitations.  Unlike the results shown in an actual performance record, such results do not represent actual trading.  TOT may express or utilize testimonials or descriptions of past performance, but such items are not indicative of future results or performance, or any representation, warranty or guaranty that any result will be obtained by you.  Your results may differ materially from those expressed or utilized by TOT due to a number of factors.

Your actual results may differ from results reported for many reasons, including, without limitation: (i) performance results do not reflect actual trading commissions that you may incur; (ii) performance results do not account for the impact, if any, of certain market risk factors, such as lack of liquidity, that may affect your results; (iii) the investments chosen may be volatile, and server, delivery delays and other factors may cause the price you obtain to differ substantially from the price at the time of the alert; (iv) the prices of investments at the point in time you begin subscribing may be higher than such prices at the time such investments were chosen; (v) you may not have the capital to trade as frequently as the moderator; and (vi) the size and timing of your purchase or sale of a stock may affect the price of the stock, among other reasons.

You understand, acknowledge and agree that the use of securities is for informational and teaching purposes only and trades may be highlighted, posted, or alerted, but not in fact executed.  Simulated or hypothetical trading programs in general are also subject to the fact that they are designed with the benefit of hindsight. You understand, acknowledge and agree that the Web Site contains simulated or hypothetical trading programs.  No representation is being made that any account will or is likely to achieve profits or losses similar to these being shown.

You understand, acknowledge and agree that TOT and its principals, officers, employees, agents and affiliates have no obligation to notify you as to which trades and returns are real versus simulated or hypothetical, and that TOT, and its principals, officers, employees, agents and affiliates do not verify moderator trade records or maintain records of moderator trades and results, and that moderators have no obligation to provide TOT any verification data.

Activities of TOT Employees, Agents and Affiliates

The principals, officers, employees, agents and affiliates (including any “Experts”) of The Opportunistic Trader are active investors and engage in the trading of securities for their own personal accounts. Such parties may, but are not required to, purchase or sell any securities, or engage in any investment strategy, contained in any data, content or information on the Web Site, or in the other TOT products or services.  The terms “expert” or “expertise” as used in the Web Site should not be construed to mean, with respect to any individual (TOT employee, affiliate or otherwise) any qualification other than those which have been expressly specified therein.  Such terms should not be construed to imply any registration or other qualification.  We are publishers and educators only.

TOT employees and affiliates may purchase or sell securities, and engage in any investment strategies, in their sole discretion, at any time and without notice, and shall not, and are not required to disclose or otherwise notify you, or any other person or party, with respect to any such decisions or activities.  Such trading and investment activities may be different or inconsistent with any trading information, data or content posted on TOT.

Accordingly, you hereby waive and release The Opportunistic Trader and/or its principals, officers, employees, agents and affiliates from any and all claims, losses, damages, liabilities and any other costs and expenses (including attorney’s fees), arising from or related to your purchase or sale of a security at a price that may have been affected by such TOT personnel.

Testimonials Disclaimer

In accordance with 16 CFR Part 255 and Federal Trade Commission Guidelines concerning use of endorsements and testimonials in marketing and advertising, please be aware that endorsements, testimonials or descriptions of past performance from other users or members are based upon their individual experiences and results with the Web Site, and TOT’s products and services. These results and performances are not typical, and you should not expect to achieve the same or similar results or performance, and your results and performance are likely to vary or differ materially. The endorsements, testimonials or descriptions of past performance are individual experiences, reflecting real life experiences of users and members, and are not necessarily representative of the results and performances of all users and members.

Third Party Websites

The Web Site may contain links to other external websites or applications (“Third Party Websites”). However, we are under no obligation to verify the accuracy of the contents on such Third Party Websites, and we do not endorse, warrant, promote or recommend any services or products that may be offered by or accessed through such Third Party Websites or the operators of them.  Your use of links to Third Party Websites is at your own risk.

TOT does not make any representation or warranty, whether express or implied, with respect to any Third Party Website or any products or services offered by any third party websites, including but not limited to, accuracy, completeness, reliability, suitability, non-infringement, merchantability or fitness for a particular purpose.

  1. Limitations of Liability

WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, THE OPPORTUNISTIC TRADER, AND ITS PRINCIPALS, OFFICERS, EMPLOYEES, AGENTS AND AFFILIATES, SHALL NOT BE LIABLE TO YOU, UNDER ANY LEGAL OR EQUITABLE THEORY, FOR (A) ANY CONSEQUENTIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL OR INDIRECT DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION LOST PROFITS, REVENUES AND BUSINESS, ARISING OUT OF, UNDER OR RELATING TO THESE TERMS AND CONDITIONS, YOUR USE OF THE SITE OR OTHERWISE RELATED TO OR ARISING FROM THE PRODUCTS OR SERVICES OF THE OPPORTUNISTIC TRADER, OR (B) ANY DAMAGES OF ANY KIND ARISING OUT OF, UNDER OR RELATING TO THE SITE OR OTHERWISE RELATED TO OR ARISING FROM THE PRODUCTS OR SERVICES OF THE OPOORTUNISTIC TRADER, IN EXCESS OF THREE TIMES THE MOST RECENT MONTHLY FEE PAID BY YOU IN CONNECTION WITH THE WEB SITE, IF ANY, OR $100, WHICHEVER AMOUNT IS GREATER (AS APPLICABLE).

THIS LIMITATION OF LIABILITY SHALL APPLY REGARDLESS OF WHETHER THE LIMITED REMEDIES PROVIDED HEREIN FAIL OF THEIR ESSENTIAL PURPOSE AND SHALL NOT APPLY TO ANY DAMAGE TO YOU INTENTIONALLY CAUSED BY THE OPPORTUNISTIC TRADER IN VIOLATION OF APPLICABLE LAW AND/OR AS OTHERWISE MANDATED BY APPLICABLE LAW THAT CANNOT BE DISCLAIMED BY THESE TERMS AND CONDITIONS.

  1. Indemnification

You shall, and hereby agree to, indemnify and hold harmless, The Opportunistic Trader, and all of its principals, officers, employees, agents and affiliates, from any and all claims, losses, damages, liabilities and any other costs and expenses (including attorney’s fees), arising from or related to any of the following: (i) breach of a representation or warranty contained in these Terms and Conditions, (ii) breach of, or failure to comply with, any term contained in these Terms and Conditions, (iii) use of the Web Site or any TOT product or service, or (iv) use of, access to or other activity engaged in, on, through, related to or in connection with the Web Site.

  1. Privacy Policy

The Opportunistic Trader shall have the right to use and disclose any information provided by you through the Web Site, or other products or services of TOT (including but not limited to information provided through e-mail) or made available through your use of the Web Site, for any lawful purpose, unless you indicate otherwise in accordance with TOT’s policies and procedures.  In no event shall you be entitled to any compensation for the use of any of such information. Please see TOT’s  for further details.

Electronic Communications Privacy Act Notice

TOT makes no guarantee of confidentiality or privacy of any information transmitted through or stored upon our system or those of our third parties and make no guarantee that any other entity or user(s) will be included or excluded from our network and We Site.  We and our authorized third parties may periodically monitor transmissions over our network and site for maintenance, quality assurance, or any other purpose permitted by the Electronic Communications Privacy Act, P.L. No. 99-508, as amended.

  1. Complaint Procedures and Digital Millennium Copyright Act (DMCA).

If you believe that another user or other third party has posted content which violates these Terms and Conditions and/or any patent, copyright, trademark or other intellectual property, you must notify our designated agent as follows: (i) via e-mail at [email protected]; or (ii) via first class mail or overnight mail at: 7284 w palmetto park rd #303 Boca Raton, FL 33433.  In either instance, you must provide a physical or electronic signature on your correspondence indicating that you are authorized to contact us to allege the violation. You must also provide your current contact information, including a physical address, telephone number, and e-mail address(es), as well as any other contact information that we may need to contact you.

In order to allow us to respond effectively, please provide us with as much information as possible in your e-mail or correspondence, including: (1) the nature of the right infringed or violated, or the unacceptable or inappropriate content; (2) all facts which reasonably lead you in good faith to believe that a right has been violated or infringed; (3) the precise location(s) on our Web Site where the offending content is located; (4) any grounds to reasonably believe in good faith that the party or user which posted the content was not authorized to do so by you (i.e., the copyright owner or authorized agent), or did not have a valid legal defense (including fair use), if applicable; (5) if known, the identity of the party or user who posted the infringing, offending, or inappropriate content and any contact information for said user or poster; and (6) in the case of alleged copyright infringement claims, information sufficient to identify the work and your claims to ownership, including any applicable registration numbers of the federally-registered intellectual property.

Digital Millennium Copyright Act Compliance

As set forth above, you must contact our designated agent if you believe that a work protected by a U.S. Copyright which you own and/or are authorized to enforce has been posted on our Web Site without authorization or that our Web Site, in some material way, contributes to its infringement. It is our policy in appropriate circumstances (and if feasible) to, once notified of a violation, promptly remove any content that violates the noted copyright or other protected intellectual property and to terminate the access rights of repeat infringers and other users who use this Web Site in an inappropriate or objectionable manner.

  1. Governing Law

The Opportunistic Trader administers and operates the Web Site from Boca Raton, Florida. This Agreement is governed by and construed in accordance with the laws of the State of Florida, without reference to its choice of law principles. The venue for any dispute will be in Palm Beach County, Florida. YOU HEREBY IRREVOCABLY WAIVE YOUR RIGHT TO TRIAL BY JURY IN ANY ACTION ARISING FROM OR RELATING TO THIS AGREEMENT.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT ANY CLAIM AGAINST THE OPPORTUNISTIC TRADER MUST BE COMMENCED BY FILING A DEMAND FOR ARBITRATION OR FILING AN INDIVIDUAL ACTION WITHIN ONE (1) YEAR AFTER THE DATE THE PARTY ASSERTING THE CLAIM FIRST KNOWS OR REASONABLY SHOULD KNOW OF THE ACT, OMISSION, OR DEFAULT GIVING RISE TO THE CLAIM; AND THERE SHALL BE NO RIGHT TO ANY REMEDY FOR ANY CLAIM NOT ASSERTED WITHIN THAT TIME PERIOD.

The Web Site and all TOT products and services are solely intended for individuals residing in the United States.  Those who choose to access and use the Web Site and/or any other TOT product and service from locations outside the United States do so at their own risk and are solely responsible for compliance with all application laws, rules and regulations in those jurisdictions.

  1. Severability

If any provision of these Terms and Conditions is found by a court of competent jurisdiction or arbitrator to be illegal, void, or unenforceable, the unenforceable provision will be modified so as to render it enforceable and effective to the maximum extent possible in order to effect the intention of the provision; and if a court or arbitrator finds the modified provision invalid, illegal, void or unenforceable, the validity, legality and enforceability of the remaining provisions of these Terms and Conditions will not be affected in any way.

  1. No Waivers

The Opportunistic Trader’s failure to act with respect to a breach of these Terms and Conditions by you does not in any way waive TOT’s right to act with respect to that breach or subsequent breaches.

  1. Entire Agreement

You agree that these Terms and Conditions constitute the entire, complete and exclusive agreement between you and us regarding the Web Site and TOT’s products and services of, and supersedes all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of these Terms and Conditions. The provisions of these Terms and Conditions shall survive any termination thereof indefinitely.

 

Questions?

Questions about these Terms and Conditions should be addressed to [email protected] .

IF YOU DO NOT AGREE WITH ANY TERM OR PROVISION OF THESE TERMS AND CONDITIONS, PLEASE EXIT THE WEB SITE IMMEDIATELY.  PLEASE BE ADVISED THAT YOUR CONTINUED USE OF THIS SITE OR THE PRODUCTS OR INFORMATION PROVIDED THEREBY SHALL INDICATE YOUR CONSENT AND AGREEMENT TO THESE TERMS AND CONDITIONS.

THE INFORMATION FOUND ON OUR WEB SITE IS PROTECTED BY THE COPYRIGHT LAWS OF THE UNITED STATES AND MAY NOT BE COPIED, REPRODUCED OR RETRANSMITTED IN ANY WAY WITHOUT OUR PRIOR, EXPRESS, WRITTEN CONSENT.