Terms and Conditions

Last updated on 06/24/20

I. Overview

READ THE FOLLOWING CAREFULLY BEFORE YOU ACCESS OR USE SIMPLERTRADING.COM OR ANY AFFILIATED SITES (COLLECTIVELY,THE“SITE”), ON WHICH THESE TERMS AND CONDITIONS (THE “AGREEMENT”) ARE POSTED.BY YOUR CONTINUED USE OF THE SITE, YOU ACKNOWLEDGE THAT YOU ARE 18 YEARS OF AGE OR OLDER, HAVE THE RIGHT, AUTHORITY AND CAPACITY TO ENTER INTO THIS AGREEMENT, OR YOU ARE OF THE LEGAL AGE REQUIRED TO FORM A BINDING CONTRACT IN YOUR JURISDICTION IF THAT AGE IS GREATER THAN 18 AND YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THIS AGREEMENT.

The Agreement governs the relationship between you and Simpler Trading, LLC (the “Company”). All supplementaltermsand rules issued by the Company that apply to the use of the Site, includingthose regarding Privacy and additional Disclaimers, form an integral part of this Agreement and are incorporatedherein by this reference.

If you have any questions relating to the Site or Membership (as defined below), they can be sent to theattention ofour Customer Service by email to >[email protected].Thepublication of electronic mail addresses is to facilitate communications relating to the use of the Site andmustnot be inferred as consent by us to receiving unsolicited commercial electronic messages.

You understand and agree that the Site is provided by Company and may be terminated orotherwise discontinued by Company at its discretion pursuant to this Agreement.

By accepting this Agreement, you agree that you will not:

  1. Monitor, harvest, collect or attempt to obtain passwords or other Account information from or about other users of the Site, disclose your, or another person’s personally identifiable information;
  2. Impersonate another person, attempt to mislead others by indicating that you represent the Company, any of its partners, affiliates, or related companies, or express or imply that any statements that you make or actions you take are endorsed by Company;
  3. Download or copy any content, paid or free, except as may occur through the normal caching function of your browser and except to print and retain a copy for your own personal, non-commercial use;
  4. Reproduce, republish, upload, post, transmit, modify, distribute or publicly display any of the content except as expressly authorized in this Agreement;
  5. Outside the Site, sell, advertise or post information granted to you through the Site by setting up an Account and paying your membership fee;

Probe, scan or test the vulnerability of the Site or breach its security or authentication measures;take any action that imposes an unreasonable or disproportionately large load on the infrastructure used todeliverthe Site, Company’s systems or networks, or any systems or networks connected to the Site or Company.

II. No Recommendations or Advice Provided

Information contained on the Site is educational in nature and designed to contribute toyour overall understanding of various types of technical analysis and how the Company and it’s representativesapply this information to the financial markets. Company is not a Financial Advisor, Securities Broker-Dealer or Registered Analyst. No information contained on the Website is intended as securities brokerage, investment, tax, accounting or legal advice, as an offer or solicitation of an offer to sell or buy, or as an endorsement, recommendation or sponsorship of ay company, security or fund.

Trading of stocks, options, futures and cryptocurrencies may not be suitable for everyoneand involves risks. You should consult your business advisor, legal, tax and accounting advisors concerning anycontemplated transactions. By accessing the Site you acknowledge the risks involved in trading the stock,options, futures and cryptocurrency markets and acknowledge that you, the user, are solely responsible for anylosses, financial or otherwise, as a result of using this Site. Company cannot and does not assess, verify orguarantee the adequacy, accuracy or completeness of any information, the suitability or profitability of anyparticular investment, or the potential value of any investment or informational source. You are responsible forconducting your own investment research and decisions. Company in no way warrants the solvency, financialcondition, or investment advisability of any of the securities mentioned on the Site or any linked site.

The Company, its employees and its traders will NEVER manage or offer to manage a customer or individual's binary options, options, stocks, cryptocurrencies, currencies, futures, forex or any financial markets or securities account. If someone claiming to represent or be associated with the Company solicits you for money or offers to manage your
trading account, do not provide any personal information and contact us immediately.

U.S. Government Required Disclaimer – Commodity Futures Trading Commission

Futures, options and stock 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, options orstock markets. Don’t trade with money you can’t afford to lose. This website is neither a solicitation nor anoffer to Buy/Sell futures, options or stocks. No representation is being made that any account will or is likelyto achieve profits or losses similar to those discussed on this website. The past performance of any tradingsystem or methodology is not necessarily indicative of future results.

You should view our additional Disclaimers before continuing to use the Site. By accessing the Site youacknowledge and agree to the Disclaimers.

III. No Warranty

Company provides the Site on a commercially reasonable basis and does not guarantee thatyou will be able to access or use the Site at times or locations of your choosing, or that Company will haveadequate capacity for the service as a whole or in any specific geographical location.

To the fullest extent permitted by law, the Site is provided on an “as is” and “asavailable” basis, for use at your own risk. To the fullest extent permitted by law, Company disclaims allwarranties, representations and conditions, either express or implied, including without limitation impliedwarranties of merchantability, non-infringement or fitness for a particular purpose, in connection with theSiteor Content with which it is linked. Company does not warrant that the Site will be uninterrupted or secure,thatit will be available at any particular time, free of inaccuracies, errors, omissions, viruses or otherharmfulcomponents, or will be corrected if found to be defective. We reserve the right to modify and/or discontinuetheSite, or access thereto, at any time without notice. To the extent that you communicate with Companyrepresentative through any source, the statements and promises made or actions taken by them shall not limitorotherwise modify the terms of this disclaimer and/or this Agreement and this disclaimer and this Agreementapplyto any information provided to you through such sources.

Company does not warrant that the Site or the servers that make the Site available willwork with any particular hardware or software systems or configurations.

Some jurisdictions may not allow disclaimers of implied warranties and the abovedisclaimers may not apply to you to the extent prohibited.

Company shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of Company, including without limitation any failure to perform hereunder duetounforeseen circumstances or cause beyond Company’s control such as acts of God, war, terrorism, riots,embargoes, acts of civil or military authorities, fire, floods, accidents, network infrastructure failures,strikes, or shortages of transportation facilities, fuel, energy, labor or materials.

V. Trials

Company offers a trial membership (“Trial Offer”) for a period of seven (7) or thirty(30) days from the moment that you active such trial period by submitting your payment details(“Trial Period”).By submitting your payment details, you (i) accept the 7-day or 30-day Trial Offer; (ii) consent tous usingyour payment details in accordance with our Privacy Policy; (iii) acknowledge and agree to Company’s Terms and Conditions and Disclaimers.

By signing up for a trial, your credit card will automatically be charged $7.00 or therelevant trial price as advertised. If you decide that you do not want to continue and purchase aMembership,you have to cancel your Trial Offer by calling (512) 266-8659 or emailing [email protected].Cancellation of your Membership is not official until you receive an email confirmation from Company.

You must cancel your Trial Offer the day before the Trial Period ends. If you donot cancel the day before the end of the Trial Period, you will automatically become an activemember, and thecredit card you provided will automatically be charged the Membership Fee for the Membershipassociated with theTrial Offer.

Trial Offers are limited to one per member unless otherwise invited via email or phone toparticipate in an additional Trial Offer.

Once you are an active member, your account will be renewed either monthly or for theappropriate renewal period, depending on your Membership. If you wish to cancel your Membershipsubscriptionafter the Trial Period, you may do so by following the instructions in the Membership section. Thereare norefunds or credits for partial monthly subscriptions. If Company increases the Membership Fee youwill beprovided notice. By continuing to use your Membership you accept the new price, and the price changewill takeeffect at the start of the next subscription period following the date of the price change.

VI. Memberships

The Site contains both free content and paid content. One way paid content is offered isin the form of memberships (“Membership”), which requires payment of an annual, semi-annual,quarterly ormonthly fee (“Membership Fee”). By subscribing to a Membership, you agree to the following(“MembershipRules”):

  1. You will not share your username and/or password with any other party.
  2. You will not reprint, republish, repost, or otherwise distribute or transmit content or images presented on this Site. If you would like to share something from the Site that does not contain a share icon, please contact [email protected] PRIOR to doing so.
  3. You will not advertise, solicit members, trade goods or services or otherwise use or attempt to use the forum or live trading rooms for commercial purposes. Bulk-email, junk mail or spam, chain letters, private messages or repeat postings of the same message is not permitted in the forum or live trading rooms. Soliciting of members is strictly prohibited and will result in immediate termination of your Membership, without refund.
  4. You will use your own name when posting to the discussion forum and trading rooms and will not impersonate or attempt to impersonate any other person(s) or entity.
  5. You will treat other subscribers with courtesy and respect when posting messages to the discussion group. This includes, but is not limited to, refraining from vulgarity, obscenity, profanity, ethnic slurs, hate speech, or sexually explicit language that is targeted at harassing, abusing or threatening other subscribers in the discussion forum and trading rooms. Company has the right to remove any messages or posts it deems, in its sole discretion, to be abusive, derogatory, inappropriate or adverse to the policies defined in these Terms and Conditions.
  6. By posting content on the Site or it’s affiliated websites, you permit Company to display and distribute the content and use it for advertising and promotion. You grant Company the complete, perpetual, non-exclusive right to use, modify, adapt, translate, distribute, sub-license or in any way use the content in whole or part, throughout the world, on a royalty-free basis.

Failure to abide by these Membership Rules can result in you being banned from the forumor trading rooms, your account being suspended or terminated completely, and even civil orcriminal liability.Company, at its discretion, may terminate your Membership for any reason or no reason. IfCompany terminatesyour Membership, it will provide notice to you through the email address associated with youraccount.

Memberships may be canceled at any time by either party. If you wish to cancel, you mayin one of the following ways:

  1. Call (512) 266-8659 to cancel your account over the phone
  2. Email [email protected]

Cancellation of your Membership is not official until you receive an email confirmation from Company.

VII. Seminar and Software

In addition to free content and Memberships, Company provides Seminars and Software forpurchase. Seminars include classes, live seminars, and mentorships. Software includesindicators and othersoftware that may be offered by the Company. Customers who purchase live Seminars areprovided with a link ofthe recording and any materials, if applicable, following the seminar. There are no refunds on the purchase of Seminars or Software.

VIII. Refund Policy

For Members who decide to cancel their Membership pursuant to the cancellation policydefined in the Membership section, the following refund policies apply:

Monthly Memberships

There are no refunds or credits of Membership Fees for partial monthly subscriptions.Rather, the current subscription will run its course to the end of the current billingcycle, at which point theMembership would then become inactive and the account cancelled.

Quarterly, Semi-Annual and Annual Memberships

Certain Memberships receive reduced Membership Fees by paying in advance for quarterly,semi-annual and annual Memberships (“Reduced Membership Fees”). If you decide to cancelbefore the end of therelevant quarterly, semi-annual or annual Membership purchased, you may receive a PartialRefund. A PartialRefund shall be equal to the remaining months of the Membership purchased minus thedifference between themonth-to-month Membership Fee and the Reduced Membership Fee for the time you were a member.

For the avoidance of doubt, you are responsible for the full month-to-month MembershipFee for the months in which you used the Membership if you choose to cancel your quarterly,semi-annual orannual Membership early. In some cases, you may not be entitled to a refund at all if therefund for theremaining months on the quarterly, semi-annual or annual Membership would equal less thanthe difference betweenthe Membership Fee and the Reduced Membership Fee for the months already consumed.

If the credit card you provided for billing is cancelled without notice, the entireamount left on the contract will be sent to a 3rd party collection agency.

Seminars and Software

There are no refunds for Seminars or Software purchased through the Site.

Coupons

Coupons are offered at the discretion of Company and may be granted, refused or adjustedat any time, with or without warning. Sometimes offers and discounts are made after you havepurchased aSeminar, Software, Membership or Trial. It is within Company’s sole discretion to offer a coupon for the difference between your purchase price andthe discounted price.

IX. The Site is evolving and may result in changes to the Agreement.

You understand that the Site is an evolving one. Company may require that you acceptupdates to the Site. Company reserves the right to change, modify, add or remove portions ofthis Agreement, atany time, for any reason, with or without notice to you, or to do any of the following:

  1. Modify, suspend, limit or terminate operation of, or access to, any portion of any feature or function of the Site or your Membership and/or any of its applicable policies or terms, including hours of availability;
  2. Change any fees or charges that may be related to your use of the Service;
  3. Change the equipment, hardware or software required to access the Service;
  4. Interrupt the Service, or any portion of the Service, to perform routine or non-routine maintenance, error correction or other changes.

Any changes to the Agreement will be effective immediately upon notice, which Company mayprovide by any means, including, without limitation, by electronic posting, which will beeffective immediately.You agree to check this Agreement periodically for the new provisions that govern the Site.Your continued useof the Site following the posting of changes will mean that you accept and agree to them.

X. Privacy

Your privacy is very important to us. We designed our Privacy Policy to make important disclosures about how we use your personal information.We encourage you to read the Privacy Policy, and to useit to help you make informed decisions.

XI. Intellectual Property

All content offered by Company on the Site, including, but not limited to, the freematerials and content, Membership materials and content, seminars, software, any resourcesyou receive through arepresentative of Company, and all logos, slogans, and taglines (collectively andindividually, the “Content”),are protected by trademark and copyright laws.

You may not modify, publish, transmit, transfer, sell, reproduce, upload, post, perform,display, create derivative works from, or in any way exploit such Content or distribute itin any way to anyother computer, server, website or other medium for publication or distribution or for anycommercial purpose, except as Company expressly permits in this Agreement. Makingunauthorized copies of the Content may result in the termination of your Account,prohibition to use the Site, and further legal action.

XII. CAN-SPAM Compliant

Simpler Trading is CAN-SPAM compliant, which allows for you to request we stop sendingyou emails. Our emails contain “unsubscribe” options, which you may use to stopreceiving emails from Simpler Trading. If you have any issues unsubscribing from ouremails, please contact [email protected]

XIII. Indemnification

You agree to indemnify, defend and hold Company, its subsidiaries, affiliates,officersand employees harmless from any claim or demand, including reasonable attorneys’ andexperts’ fees and costs,arising out of your use of this Site, including information made available to youthrough this Site or theviolation of this Agreement, including any breach of your covenants or agreementshereunder. In addition, youagree to indemnify, defend and hold Company, its subsidiaries, affiliates, officersand employees harmless forany act resulting directly or indirectly from this Site, its data, content,materials, associated pages anddocuments.

XVI. Limitation of Liability

You expressly understand and agree that, to the full extent permitted byapplicable law,Company is not liable for damages, losses and expenses of whatever nature andhowever arising, including withoutlimitation direct or indirect, special, incidental, consequential, exemplary orpunitive damages, losses orexpenses, including but not limited to, damages for loss of profits, loss ofinvestments, goodwill, use, data orother intangible loss, arising in connection with this Site or use thereof orinability to use by any party, orin connection with any failure or performance, error, omission, interruption,defect, delay in operation ortransmission, computer virus or line of system failure, even if the Company orits representatives are advisedof the possibility of such damages, losses or expenses. Access hyperlinks to orfrom other internet resources atyour own risk and it is your responsibility to take all protective measures toguard against viruses or otherdestructive elements; the content, accuracy, opinions expressed and other linksprovided by these resources arenot endorsed by Company. This limitation of liability applies whether thealleged liability is based oncontract, negligence, tort, strict liability or any other basis. Your soleremedy for dissatisfaction with theSite and information on the Site is to stop using the Site.

In the event that the foregoing disclaimer of liability is held to be invalid orunenforceable, you agree that the maximum cumulative aggregate liability of theCompany to you for all damages,losses, and causes of action (whether in contract, tort (including, withoutlimitation, negligence and strictliability), or otherwise) at any time shall be the lesser of $100 or theaggregate cumulative amount paid by youto Company up to and including the time of the incurrence of such liability, ifany, to access the Site. Youagree that any cause of action arising out of or related to the Site mustcommence within one (1) year after thecause of action accrues or the cause of action is permanently barred.

XV. Termination and Survival

Any obligations which expressly or by their nature are to continue aftertermination,cancellation, or expiration of these Terms and Conditions, including but notlimited to those addressing privacyand content ownership, shall survive and remain in effect after such event.Furthermore, the following sectionsof these Terms and Conditions shall survive any termination ordiscontinuance of the Site or your access to it:Intellectual Property, Indemnification, Limitation of Liability, Privacy(and the Privacy Policy).

If you wish to terminate your Membership, you may do so by emailing [email protected].Upon our acceptance of your request,your account and any personalinformation will be deleted (except for that information that we arerequired to keep in compliance of anyapplicable laws).

XVI. Governing Law

Company administers and operates the Site from Austin, Texas. ThisAgreement is governedby and construed in accordance with the laws of the State of Texas,without reference to its choice of lawprinciples. The venue for any dispute will be Austin, Texas. THE PARTIESEACH IRREVOCABLY WAIVE THEIR RIGHT TOTRIAL BY JURY IN ANY ACTION ARISING FROM OR RELATING TO THIS AGREEMENT.

XVII. Entire Agreement

This Agreement (including all agreements and policies referencedherein) constitutes theentire agreement between you and Company with regard to your use ofthe Site, and any and all other written ororal agreements or understandings previously existing between you and Company with respect to such use are hereby superseded and cancelled. Company will not accept any counter-offers to this Agreement, and all such offers are hereby categorically rejected. Your use of the Site is not intended and shall not be deemed to create any agency, joint venture or other legal relationship of any kindbetween you and Company other than that ofindependent contractors. This Agreement may not be assigned by you.

Company’s failure to insist on or enforce strict performance of thisAgreement shall notbe construed as a waiver by Company of any provision or any right ithas to enforce this Agreement, nor shallany course of conduct between Company and you or any other party bedeemed to modify any provision of thisAgreement. This Agreement shall not be interpreted or construed toconfer any rights or remedies on any thirdparties.

If any provision of this Agreement is found to be illegal, void orunenforceable, then:(i) such provision (or portion thereof as applicable) will be deemedto be restated to reflect as nearly aspossible the original intentions of the parties in accordance withapplicable law, and (ii) the remaining terms,provisions, covenants and restrictions of this Agreement will remainin full force and effect. Notwithstandingthe foregoing, if any provision of this Agreement which is heldnull, void or otherwise ineffective or invalidby a court of competent jurisdiction cannot be restated by suchcourt to reflect as nearly as possible theoriginal intentions of the parties, then that provision shall bedeemed severable from this Agreement.