 |
QQQ TRADING, L.L.C.
Before using the information
(sometimes referred to as the "Service" or "Services") on
QQQ Trading you must read and agree to the following terms and conditions of
use (the "Terms and Conditions") which govern your use of this
Website and your relationship with Don Miller’s QQQ Trading School;
QQQ Trading, L.L.C.; TradingMarkets.com, Inc.; and all individuals and
companies associated with this Website (collectively referred to as the
"QQQ Trading" or "We"). If you do not agree to these Terms
and Conditions, do not use our Services. We may change the Terms and Conditions
from time to time and at any time without notice to you, by posting such
changes on this Website. By using the Services following any modifications to
these Terms and Conditions, you agree to be bound by any such modifications to
the Terms and Conditions.
Terms and Conditions
By using the Services of QQQ
Trading, including any software and content contained therein, you agree that
use of the Service is entirely at your own risk. QQQ Trading is not a
registered investment advisor or a broker dealer. You understand and
acknowledge that there is a very high degree of risk involved in trading
options and securities. Past results of any individual trader published on this
Website are not indicative of future returns by that trader, and are not
indicative of future returns which be realized by you. We assume no
responsibility or liability for your trading and investment results. The course
material and all other features of QQQ Trading (collectively, the
"Information" or "Service" or "Services") are
provided for informational and educational purposes only and should not be
construed as investment advice. The analysts and employees or affiliates
of QQQ Trading may hold positions in the stocks or industries discussed
here. You should not rely solely on the Information in making any investment.
Rather, you should use the Information only as a starting point for doing
additional independent research in order to allow you to form your own opinion
regarding investments and trading strategies. Factual statements in this web
page are made as of the date stated and are subject to change without notice.
By purchasing a specific
course or module offered through QQQ Trading, you are given access to that
specific course or module for one (1) year following your purchase date.
You will only be allowed to access the course on one computer at a time.
By using the Information on QQQ Trading, you assume full
responsibility for any and all gains and losses, financial, emotional or
otherwise, experienced, suffered or incurred by you. QQQ Trading does not
guarantee the accuracy, completeness or timeliness of, or otherwise endorse in
any way, the views, opinions or recommendations expressed in the Information,
does not give investment advice, and does not advocate the purchase or sale of
any security or investment by you or any other individual. The Information is
not intended to provide tax, legal or investment advice, which you should
obtain from your professional advisor prior to making any investment of the
type discussed in the Information. The Information does not constitute a
solicitation by the information providers, QQQ Trading, or other of the
purchase or sale of securities.
THE SERVICE IS PROVIDED
"AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED,
INCLUDING WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, SERVICES,
UNINTERRUPTED ACCESS, OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THE SERVICE.
SPECIFICALLY, QQQ TRADING DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING, BUT NOT
LIMITED TO: (i) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY,
USEFULNESS, OR CONTENT OF INFORMATION, PRODUCTS OR SERVICES; AND (ii) ANY
WARRANTIES OF TITLE, WARRANTY OF NON-INFRINGEMENT, WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER OF
LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF
PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION
OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR
DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER
FOR BREACH OF CONTRACT, TORT, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.
NEITHER QQQ TRADING NOR ANY
OF ITS EMPLOYEES, AGENTS, SUCCESSORS, ASSIGNS, AFFILIATES, OR CONTENT OR
SERVICE PROVIDERS SHALL BE LIABLE TO YOU OR OTHER THIRD PARTY FOR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF USE OF
THE SERVICES OR INABILITY TO GAIN ACCESS TO OR USE THE SERVICES OR OUT OF ANY
BREACH OF ANY WARRANTY. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE
LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, THE RESPECTIVE LIABILITY OF
QQQ TRADING, ITS EMPLOYEES, AGENTS, SUCCESSORS, ASSIGNS, AFFILIATES, AND
CONTENT OR SERVICE PROVIDERS RESPECTIVE LIABILITY IS LIMITED TO THE GREATEST
EXTENT PERMITTED BY SUCH STATE LAW.
QQQ Trading, or one of its
affiliates, is the owner and/or authorized user of any trademark, registered
trademark and/or service mark appearing on the QQQ Trading Website, and is the
copyright owner or licensee of the content and/or information on the Website,
unless otherwise indicated. QQQ Trading does not grant to you a license to any
content, features or materials you may access on this Website. You may not
download or save a copy of any of the content or screens except as otherwise
provided in these Terms and Conditions, for any purpose. You may, however,
print a copy of the information on this Website solely for your personal use or
records. If you make other use of this Website, except as otherwise provided
above, you may violate copyright and other laws of the United States, other
countries, as well as applicable state laws and may be subject to liability for
such unauthorized use. We do not grant any license or other authorization to
any user of its trademarks, registered trademarks, service marks, other
copyrightable material or any other intellectual property, by including them on
this Website.
We reserve the right to
change any information on this Website, including but not limited to revising
and/or deleting features or other information without prior notice to you.
Accessing certain links within this Website may provide you with access to
other Websites for which we assume no responsibility of any kind for the
content, availability or otherwise. (See "Links from and to QQQ Trading
" below.) The content of this Website may vary depending upon your browser
functionality and limitations.
You acknowledge and agree
that you must: (a) provide for your own access to the World Wide Web and pay
any service fees associated with such access, and (b) provide all equipment
necessary for you to make such connection to the World Wide Web, including a
computer, software, a modem and a working telephone line.
In consideration of your use
of the Service, you agree that you are at least eighteen (18) years of age and
you agree: (a) to provide true, accurate, current and complete information
about yourself as prompted by the Registration Form, and (b) to maintain and
update this information to keep it true, accurate, current and complete. If any
information provided by you is untrue, inaccurate, not current or incomplete,
we have the right to terminate your account and refuse any and all current or
future use of the Service. You agree not to resell or transfer the Service or
use of or access to the Service.
Payment:
Refunds are not given on Interactive Courses, Video Courses or any other product or service sold through QQQ Trading. Each subscriber is responsible for the fees and charges incurred to access QQQ Trading.
User Conduct For QQQ
Trading:
While using the Service, you may not:
1.) upload, post,
publish, transmit, reproduce, or distribute in any way, information, software
or other material that appears on the Web Site which is protected by copyright,
or other proprietary or intellectual property right, or derivative works with
respect thereto, without obtaining permission of the copyright owner or
rightholder; or
2.) upload, post,
publish, reproduce, transmit or distribute in any way any component of the
Service itself or derivative works with respect thereto, as the Service is
copyrighted as a collective work under U.S. copyright laws; or
3.) upload, post,
publish or transmit any unlawful, fraudulent, libelous, defamatory, obscene,
pornographic, profane, threatening, abusive, or otherwise objectionable
information of any kind, including without limitation any transmissions
constituting or encouraging conduct that would constitute illegal activity,
give rise to civil liability, or otherwise violate any local, state, national
or foreign law, including without limitation the U.S. export laws and regulations;
or
4.) upload, post,
publish, transmit, reproduce, distribute or in any way exploit any information,
software or other material obtained through the Service for commercial purposes
(other than as expressly permitted by the provider of such information,
software or other material); or
5.) restrict or
inhibit any other user from using and enjoying the Service; or
6.) offer, sell or
buy any security or other investment vehicle; or
7.) knowingly
violate any laws, including without limitation the Securities Act of 1933 and
Securities Exchange Act, or any rule of any securities exchange, including,
without limitation, the New York Stock Exchange or the NASDAQ/AMEX.
8.) post or
transmit any advertisements, solicitations, chain letters, pyramid schemes,
investment opportunities or schemes or other unsolicited commercial
communication (except as otherwise expressly permitted by QQQ Trading) or
engage in spamming or flooding; or
9.) impersonate
any other person or entity, or misrepresent your affiliation with any other
person or entity; or
10.)post or transmit any
information or software which contains a virus, Trojan horse, worm or other
harmful component.
We have no obligation to
monitor the Service. You acknowledge and agree, however, that we do retain the
right to monitor the Service and, subject to the limitations of QQQ Trading
Privacy Policy, to disclose any information as necessary or appropriate to
satisfy any law, regulation or other governmental request, to operate the
Service properly, or to protect itself or its subscribers. We will not
intentionally monitor or disclose any private electronic-mail message unless
required by law. We reserve the right to refuse to post or to remove any
information or materials, in whole or in part, that, in its sole discretion,
are unacceptable, undesirable, inappropriate or in violation of these Terms and
Conditions.
Submissions:
All information submitted to
the QQQ Trading via this Website shall be deemed and remain the property of QQQ
Trading, and we shall be free to use, for any purpose, any ideas, concepts,
know-how or techniques contained in information any user of this Website
provides to QQQ Trading through this Website. QQQ Trading shall not be subject
to any obligations of confidentiality regarding submitted information, except
as agreed by QQQ Trading entity having the direct customer relationship or as
otherwise specifically agreed or required by law.
Links from and to QQQ
Trading:
You acknowledge and agree
that QQQ Trading and any of its Website co-branding providers have no
responsibility for the accuracy or availability of information provided by
linked Websites. Links to external Websites do not constitute an endorsement by
QQQ Trading or its Website co-branding providers of the sponsors of such sites
or the content, products, advertising or other materials presented on such
sites.
The links on this Website may
provide you with access to other Websites where the trading of securities is
possible. You acknowledge and agree that we shall not be responsible or liable
with regard to any trading which may be conducted on such linked trading sites
or any other Website which may be linked to or from QQQ Trading. You
acknowledge and agree that the stock and mutual fund price quotes and news stories
which are accessed within a trading day may be delayed at least 20 minutes, as
may required by exchanges and information providers. You acknowledge and agree
that you bear responsibility for your own investment research and investment
decisions, and that QQQ Trading shall not be liable for any decision made or
action taken by you or others based upon reliance on information or materials
obtained through use of the Service. Prior to the execution of a securities
trade, you should always consult with your broker or other financial
representative to verify securities pricing information.
Information in the many web
pages that are linked to QQQ Trading comes from a variety of sources. Some of
this information comes from official QQQ Trading licensees, but much of it
comes from unofficial or unaffiliated organizations and individuals, both
internal and external to QQQ Trading. We do not author, edit, or monitor these
unofficial pages or links. You acknowledge and agree that we are not
responsible or liable, directly or indirectly, for any damage or loss caused or
alleged to be caused by or in connection with use of or reliance on any such
content, goods or services available on such external sites or resources.
Other Information:
We are taking reasonable and
appropriate measures, including encryption, to ensure that your personal
information is disclosed only to those specified by guarantee that the personal
information you have entered will not be intercepted by others and decrypted.
If you wish to make purchases
through the Service, you may be asked by the merchant or information or service
provider from whom you are making the purchase to supply certain information,
including credit card or other payment mechanism information. You agree not to
hold QQQ Trading liable for any loss or damage of any kind incurred as a result
of any such dealings with any merchant or information or service provider
through the Service. You agree that all information you provide any merchant or
information or service provider through the Service for purposes of making
purchases will be accurate, complete and current. The merchants and information
and service providers offering merchandise, information and services through
the Service set their own prices and may change prices or institute new prices
at any time. You agree to pay all charges incurred by users of your account and
credit card or other payment mechanism at the prices in effect when such
charges are incurred. You also will be responsible for paying any applicable taxes
relating to purchases through the Service.
Failure to Comply With
Terms and Conditions and Termination:
Access to the Services may be
terminated at any time, and without cause, by either QQQ Trading upon
notification by telephone or e-mail. You acknowledge and agree that we may
terminate your password or account or deny you access to all or part of the
Service without prior notice if you engage in any conduct or activities that
we, in our sole discretion, believe violate any of these Terms and Conditions,
violate the rights of QQQ Trading, or is otherwise inappropriate for continued
access.
You acknowledge and agree
that we may, in our sole discretion, deny you access, through QQQ Trading, to
third party services, merchandise, materials or information on the Internet,
and we shall have no responsibility to notify any third-party providers of
services, merchandise or information nor any responsibility for any
consequences resulting from lack of notification.
You agree to defend,
indemnify and hold QQQ Trading and its affiliates harmless from any and all
claims, liabilities, costs and expenses, including reasonable attorneys' fees,
arising in any way from your use of the Service or the placement or
transmission of any message, information, software or other materials through
the Service by you or users of your account or related to any violation of
these Terms and Conditions by you or users of your account.
Miscellaneous:
The Terms and Conditions and
the relationship between you and QQQ Trading shall be governed by the laws of
the State of California, without regard to its conflict of law provisions. You
and QQQ Trading each agrees to submit to the personal and exclusive
jurisdiction of the courts located within the state of California.
The failure of QQQ Trading to
exercise or enforce any right or provision of the Terms and Conditions shall
not constitute a waiver of such right or provision. If any provision of the
Terms and Conditions is found by a court of competent jurisdiction to be
invalid, the parties nevertheless agree that the court should endeavor to give
effect to the parties' intentions as reflected in the provision, and the other
provisions of the Terms and Conditions remain in full force and effect.
You agree that regardless of
any statute or law to the contrary, any claim or cause of action arising out of
or related to use of the Service or the Terms and Conditions must be filed
within one (1) year after such claim or cause of action arose or be forever
barred.
|
 |
