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Terms & Conditions
Terms And Conditions Of Service
IMPORTANT: PLEASE REVIEW THESE TERMS AND CONDITIONS OF SERVICE BEFORE ACCESSING, USING, OR MAKING A PURCHASE OF SERVICES OR PRODUCTS ON WWW.WISETRADERS.COM (THE “WEBSITE”).
Terms & Conditions
Terms And Conditions Of Service
IMPORTANT: PLEASE REVIEW THESE TERMS AND CONDITIONS OF SERVICE BEFORE ACCESSING, USING, OR MAKING A PURCHASE OF SERVICES OR PRODUCTS ON WWW.WISETRADERS.COM (THE “WEBSITE”).
FLAGTRADER.COM LTD IS WILLING TO LICENSE OR ALLOW THE USE OF THE WEBSITE, THE RELATED SERVICES AND MATERIALS ONLY ON THE CONDITION THAT YOU ACCEPT AND AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED IN THIS DOCUMENT. BY USING THE WEBSITE, YOU EXPRESSLY ACCEPT AND AGREE TO BE BOUND BY AND ABIDE BY ALL THE TERMS CONTAINED HEREIN, AND BY ACCEPTING THESE TERMS THROUGH THE COMPLETION OF A PURCHASE, AND YOUR ENTRY OF A PAYMENT METHOD, YOU HEREBY AUTHORIZE FLAGTRADER.COM LTD TO CHARGE THE SELECTED PAYMENT METHOD AND ITS ASSOCIATED PAYMENT ACCOUNT THAT YOU HAVE SPECIFIED FOR THE PURCHASE OF ONE OF THE COMPANY’S PLANS. IF YOU DO NOT AGREE WITH THE ENTIRETY OF THESE TERMS, YOU ARE NOT GRANTED PERMISSION TO ACCESS OF USE THIS WEBSITE AND/OR THE SERVICES AND MATERIALS, AND YOU ARE HEREBY INSTRUCTED TO EXIT THE WEBSITES IMMEDIATELY.
THIS AGREEMENT CONTAINS AN ARBITRATION AGREEMENT AND CLASS ACTION WAIVER THAT WAIVE YOUR RIGHT TO A COURT HEARING OR JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION. ARBITRATION IS MANDATORY AND IS THE EXCLUSIVE REMEDY FOR ANY AND ALL DISPUTES UNLESS SPECIFIED BELOW OR IF YOU OPT-OUT. PLEASE CAREFULLY REVIEW THE DISPUTE RESOLUTION SECTION BELOW.
IT IS STRONGLY RECOMMENDED THAT YOU REVIEW THIS DOCUMENT IN ITS ENTIRETY BEFORE ACCESSING, USING OR BUYING ANY MEMBERSHIP PLAN THROUGH THE WEBSITES. YOU ACCEPT THE TERMS AND CONDITIONS CONTAINED IN THIS AGREEMENT IN FULL IF YOU USE OR MAKE A PURCHASE ON THE WEBSITES. IF YOU DO NOT ACCEPT THIS AGREEMENT AND OTHER POSTED POLICIES THEN DO NOT USE THE WEBSITES, DO NOT PROVIDE ANY INFORMATION TO THE WEBSITES, AND DO NOT PURCHASE ANY PRODUCTS ON THE WEBSITES.
TABLE OF CONTENTS:
- These Terms of Service and Your Agreement with the Company
- Minimum Term
- Variations to Your Agreement and Charges
- Limitations to the Service
- WiseTraders Software LicenseTerms
- Our Intellectual Property Rights
- Support Services
- Your Subscription and Payment Obligations
- Refund Policy
- Canceling a Subscription Service
- Limits on our Liability
- ARBITRATION AND CLASS ACTION WAIVER
- Other Terms
- Testimonials Disclaimer
- Other Disclaimers
1. These Terms of Service and Your Agreement with the Company
1.1 These Terms of Service for WiseTraders are the general terms and conditions on which we supply WiseTraders services to you.
1.2 These Terms of Service are our standard form of agreement, which, along with any other terms that you agree to are binding on you and us. The current form of these Terms of Service is available on our website at www.wisetraders.com or on request from our support team.
1.3 Your agreement with us is made up of these Terms of Service and other terms contained in the documents we produce, including our periodically updated Price Guide and Services Guide, and any application or agreement forms you sign.
1.4 When we say: (a) ‘we’, ‘us’ or ‘our’, we mean FlagTrader.com Ltd and affiliated companies, which operate under the name “WiseTraders”; (b) ‘you’ or ‘your’ we mean you, our customer; and (c) ‘agreement’ we mean your agreements with us for the supply of any WiseTraders services; (d) ‘WiseTraders’ or ‘service’ or ‘services’ we mean all the services that we provide to you, including, but not limited to, software, data, education, web portals, mathematical models, consultations, mentorships, and factual quantitative reports.
1.5 We have also set out in Section 15 some useful definitions of words we use in these Terms and Conditions.
1.6 Your agreement is personal to you. Unless we give you written consent, you remain responsible for complying with your agreement and you may not pass any of your rights or responsibilities to anyone else.
1.7 In addition to your other obligations under these Terms of Service, you agree and acknowledge that: (a) you have not relied on our skill, judgment, or any representation in deciding whether any of our Services is fit for a particular purpose; (b) you have not relied on any representation made by us that the services will be free of interruptions or faults; (c) you are responsible for making your own assessment of whether you need continuous fault free service; (d) the services are not supplied for the purposes of, and are not suitable for, supporting any application or use which needs continuous fault free service; (e) you are responsible for making your own investment decisions; (f) you understand that trading financial products involves considerable risk and that we have not, and will not provide any trading advice to you.
1.8 From time to time FlagTrader.com’s affiliated companies or other third party partners may take payment via a shopping cart facility, solely in the capacity of agents for convenience of accepting payments.
2. Minimum Term
2.1 If you are purchasing a WiseTraders service under a payment plan (which bundles the particular program, data and service into a monthly price), your Minimum Term will be listed on the contract agreement which must be signed and returned before you receive access to WiseTraders. The length of the Minimum Term will be discussed with you directly before it is processed by the WiseTraders client services team.
2.2 If you are purchasing a perpetual license of the WiseTraders program for a higher upfront fee, you do not have a Minimum Term.
2.3 You agree to remain connected to WiseTraders for the duration of the Minimum Term. You may end your Agreement during the Minimum Term only in accordance with Section 11, which may include payment of a Cancellation Fee and all Charges.
2.4 If there is no Minimum Term, or your Minimum Term has expired, we will supply you with the service for consecutive periods of 30 days (monthly subscription) or 90 days (quarterly subscription) or 365 days (annual subscription) until either you or we choose to end your Agreement in any of the permitted ways set out in Section 11.
3. Variations to Your Agreement and Charges
3.1 We may vary any of the terms of this agreement, including our Price and Services Guide at any time. We will give you as much notice as possible of any variation. All prices are quoted net of applicable taxes to be added. These changes will apply from the date we specify.
3.2 When you subscribed to a service, you chose a particular price plan from an offer. You may from time to time be made aware of different payment schedules that might be more suitable for you.
4. Limitations to the Service
4.1 The service is only available where suitable access to the Internet is available. It is your responsibility to ensure that you have a suitable Internet connection for use of the service. You must also ensure that the services are not blocked by Firewalls and/or anti-virus software. The quality and availability of the services may sometimes be affected or disrupted by factors outside our control such as interruptions to Internet services from other carriers and content providers, lack of capacity and faults in other telecommunications networks to which the network is connected. We may change or withdraw some or part of the service from time to time. This may be because of changing technologies, obsolescence, new or different features or functionality, changing content providers and the need to remove, replace or modify content. Networks and the service may also require upgrading, modification, maintenance, repair and other works from time to time. This may result in some or all of the service becoming temporarily unavailable. When subscribing to a WiseTraders service, access to data is subject to an active subscription. If your subscription lapses or is canceled, access to the data will end as will the support for data access.
4.2 Where a service requires the use of third party software (such as a data provider) we accept no liability from any outages encountered by the third party software, including those caused by any updates or modifications to our services.
4.3 Hardware: Your computer must meet the minimum requirements as set out on our website. In particular you must have a PC or tablet with one of the supported graphics cards. Our aim is to make our applications usable across all types of devices including computers, tablets and smartphones. As such, there may be ongoing improvements and changes to facilitate this type of usage.
5. WiseTraders Software License Terms
5.1 WiseTraders services are provided to you on the basis of a non-exclusive and non-transferable license for your own personal use only on a single computer accessible by only one user at a time. The license commences on payment of the license fee and continues while license fees are being paid or unless terminated by notice from FlagTrader.com Ltd trading as WiseTraders.
5.2 License restrictions:
5.2.1 You will not sell, loan, rent, transfer or sub-license WiseTraders or your rights under these License Terms without the prior written consent of FlagTrader.com Ltd. You will not allow access to any WiseTraders services by multiple users at any one time through networking arrangements or otherwise. You will not use any WiseTraders services other than for your own personal use. To protect FlagTrader.com Ltd’s intellectual property rights in any WiseTraders services you will not, and will not allow or cause a third party, to decompile, disassemble, reverse engineer, copy or modify any WiseTraders services or use the whole or any part of WiseTraders services to assist in the development of a similar or competitive product or otherwise use WiseTraders services except as provided in these License Terms. You will take appropriate measures to prevent unauthorised use or access to any WiseTraders services.
5.2.2 You may only use the services: (a) as stated in your Agreement; and (b) for your own personal use. This means you must not resell or commercially exploit any of the software, services, content, filter results, or any education that we provide. Any breach of these terms will result in immediate suspension of services, and may result in action for restitution and damages.
5.2.3 You must not use the services, or allow anyone else to use the services, for illegal or improper uses. For example: (a) for fraudulent, criminal or other activities in breach of any law (including without limitation, any law at any place where the communication or transmission was sent, viewed or received); (b) in any way which breaches another person’s rights, including copyright or other intellectual property rights; (c) to copy, store, modify, republish or redistribute the services or content, except where we give you express permission;(d) in any way which breaches any security or other safeguards or in any other way which harms or interferes with the services or our Networks.
5.2.4 Use of automated scraping or macros to extract content or data from any WiseTraders service is strictly forbidden and may result in immediate termination.
6. Our Intellectual Property Rights
6.1 All rights, including copyright, in the services belong to us or our licensed partners, such as data exchanges or Indicator providers.
6.2 Any trademark and other related images, logos and names on services are proprietary marks of our group of companies.
7. Support Services
7.1 Support for third party programs such as Firewalls, spam filters, etc are not covered. If our client services technician identifies that a problem is caused by a third party program it is your responsibility to resolve this issue before any additional support can be offered.
7.2 Support will not be available if your computer does not meet the minimum system requirements for the WiseTraders program you have installed.
7.3 While every effort is made to ensure emailed notifications are not intercepted by SPAM filters, we are not responsible for any delays caused by such email filtering programs.
7.4 Support will be during the hours indicated on the Contact Us page of our website, however these times are subject to change without notice.
7.5 Remote Support Sessions (Remote Support Sessions involve a client services member connecting to your PC via an internet connection and taking control of the system) generally require a broadband internet connection to function correctly. While remote supports may be attempted on slower connections, it is up to the support person’s discretion.
7.6 Financial advice is NOT covered or provided by any of our support services, consultations or mentorships under any circumstances. WiseTraders services are purely based on education and idea generation according to our particular methods. If your query is to do with the mechanics of trading please seek advice from your broker.
7.7 Abusive contact (including those that contain foul language) will be deleted or disconnected, with a warning sent. Repeat offenders will have access to any WiseTraders support services blocked from our system. Abusive phone calls will not be tolerated. All support team members may terminate abusive contact at their discretion.
7.8 We reserve the right to record any telephone calls placed with our support or sales staff. If you do not wish the conversation to be recorded please inform the operator at the start of the call so alternative support / sales arrangements can be provided.
7.9 In the event a problem is encountered with any WiseTraders service we will provide all support resources needed to have the matter resolved within a reasonable time frame. Where a programming change is required, the matter will be considered and issued a priority level on a case by case basis. In these circumstances we can provide no guarantee with regards to a release date for the update, however we will keep you informed on all progress.
7.10 In the event further information is required you must provide all information requested by our staff, which may include remote access at a mutually agreed upon time. We accept no liability for delays that may result from non-compliance with regards to information requests.
8. Your Subscription and Payment Obligations
8.1 You must keep up to date with any subscription services on your account.
8.2 Your subscription will normally be made monthly, quarterly or annually in advance. Our prices are typically quoted net of appropriate sales taxes for your region. All annual subscriptions will renew automatically unless canceled before the renewal date. Subscription renewals will be processed against the existing credit card we have on file. Where credit card is not the selected payment method, or the card details have expired, it is your responsibility to renew the subscription manually in your user area or contact our support team. An email will be sent to you 2 weeks from the renewal date, if any action is required to continue the subscription instructions will be provided in the email.
8.3 Payment is required in advance.
8.4 We reserve the right to introduce a fee for paying your account using a credit card. If we introduce such a fee we will provide you with sufficient notice of the fee and the date from which it will apply.
8.5 If you fail to keep up with your subscription, you will be in breach of your Agreement and we may suspend your service.
8.6 Unless otherwise stated for specific offers, FlagTrader.com Ltd operates a 30-day money back guarantee in respect of physical DVD purchases only. By returning the DVDs you will no longer have access to paid areas of the WiseTraders services. Those quarterly subscribers who wish to terminate this Agreement may do so by giving a MINIMUM 1 month advanced notice in writing (including email to email@example.com) stating your USERNAME and PASSWORD. FlagTrader.com Ltd reserves the right to retain the quarterly fees due in respect of previous quarter’s membership. In any case our refund policy is at the discretion of management.
8.7 Ordinarily we will accept payment of charges by credit card, but we reserve the right to refuse any payment method if we have reasonable cause to believe such payment will be dishonoured. You must pay all bank or credit card fees or charges where applicable. We reserve the right to require you to pay by direct deposit, credit card or periodic debit/payment authority at any time and may require immediate deposit or payment.
8.8 By applying for any WiseTraders services, you undertake to provide your correct name, email, address and all other factual information. You agree that:(a) if the account is in your name as an individual, even where you have also nominated a business name, you have full contractual capacity to agree to the Agreement and are able to pay the Charges; or(b) if an account is established in the name of a company, the person that has opened the account on behalf of the company is duly authorised to bind the company to the Agreement.
9. Refund Policy
9.1 As WiseTraders does not utilise any cold calling or door to door sales techniques, a cooling off period is not offered for any purchases of WiseTraders products or services. If in doubt a monthly subscription option may be available for the particular service you are considering. Further, trials of WiseTraders services may be offered to allow for a detailed review of the programs’ capabilities and to consider their suitability for your requirements. For these reasons, refund requests will only be considered by management if: (a) There is a critical flaw within a WiseTraders service which is not related to your particular system; and (b) The issue has not been resolved within a reasonable amount of time; and (c) Sections 7.9 and 7.10.1 of this agreement have been complied with. Any refund request falling outside of the above terms will be considered under the consumer protection guidelines specified in your jurisdiction at the time WiseTraders was purchased.
10. Canceling a Subscription Service
10.1 Your right to cancel a subscription service. You may cancel a subscription service at any time by: (i) giving us 30 days written notice, sending the request as a support ticket (please note that you are required to give us this notice if you do not wish to continue to use the service, even after the end of the minimum term of a fixed-length agreement, otherwise we will continue to supply the service to you); (ii) giving us notice, if: (A) we breach a material term of the agreement and we cannot remedy that breach, including where there is a significant and sustained loss of access to, or use of, the service and the loss was not as a result of circumstances reasonably attributable to you or equipment not owned by us; or (B) any intervening event prevents the supply of the service in accordance with the agreement for more than 30 days.
10.2 Our right to cancel the service – non fixed-length agreement. If the agreement is a non-fixed-length agreement, we may cancel the service at any time by giving you at least 30 days’ notice.
10.3 Our right to cancel the service – non-fixed-length agreement and fixed-length agreement. We may cancel the service at any time, if: (i) we reasonably suspect fraud by you or any other person in connection with the service supplied to you; (ii) any amount owing to us in respect of the service (which is not the subject of a valid dispute) is not paid by its due date and we give you notice requiring payment of that amount and you fail to pay that amount in full within ten (10) business days after we give you that notice, unless otherwise set out in the agreement; (iii) we reasonably consider you a credit risk because you have not paid amounts owing to us or any related corporation (which is not the subject of a valid dispute) in respect of any service by its due date and you are given notice requiring payment of that amount by that related corporation and you fail to pay that amount in full within the required period; (iv) you breach a material term of the agreement; (v) we are required to do so to comply with an order, instruction, request or notice of a regulator, an emergency services organisation, any other competent authority or by authorisation of or under law or under any industry codes;(vi) you suffer an insolvency event and we reasonably believe we are unlikely to receive payment for amounts due; (vii) you die or if you are a partnership and the partnership is dissolved or an application is made to dissolve the partnership, and we reasonably believe we are unlikely to receive payment for amounts due; (viii) any intervening event prevents the supply of the service in accordance with the agreement for more than 14 days;(ix) we are otherwise entitled to do so under the agreement;(x) we have evidence you are attempting to circumvent the WiseTraders Security System;(xi) the program or service is deemed obsolete with any hardware required to access the program or service is retired. We may cancel the service as soon as we give you notice, unless otherwise set out in the agreement. We will give you as much prior notice as we reasonably can before we cancel the service. However, we may cancel the service immediately if we see cause to do so.
10.4 Multiple services If you have more than one service with us and you are in breach of your agreement under any service, we have the right to cancel all of your services if the breach is not rectified and if there are reasonable grounds for us to believe your continued use of that service represents a risk to us.
10.5 How can you cancel the service? You can ask us to cancel the service by submitting a support ticket. Your request to cancel the service may be sent in writing to the support team or, by submitting a ticket. Please note the cancellation is not deemed to take effect unless you receive a confirmation that the account has been canceled.
10.6 When will the service be canceled? The service will be canceled on the cancellation date. You will not be able to use the service after the cancellation date.
10.7 What happens when the service is canceled? The agreement terminates when the service is canceled. If the service is canceled: (i) you are liable for any charges incurred (including the cancellation fee) up to, and including, the cancellation date; (ii) you authorise us to apply any overpayment on your account and/or money that you have paid in advance for the service which is being canceled to pay for any undisputed outstanding charges (including the cancellation fee, if any); (iii) if you are required under the service description to pay for the service, you authorise us to debit any undisputed outstanding charges (including any cancellation fee, if any) from your credit card. If you wish to reinstate the service you should contact our support team at firstname.lastname@example.org.
11. Limits on our Liability
11.1 All of our obligations to you relating to the services are set out in your Agreement and, except as otherwise set out in this Section 11: (a) all other terms, conditions and warranties relating to the services are excluded; (b) we will have no liability to you for anything that we or anyone who works for us does or does not do; and (c) we and our content providers are not liable to you in any way for any loss, damage including special, indirect or consequential damages, claims or costs of any kind including but not limited to any loss of income, business or profits or loss or corruption of personal information or data, sustained and arising out of or in connection with use of the services.
11.2 We will strive to ensure the accuracy, quality and timely delivery of the services, however: (a) we and our content providers will not be responsible for any fault, inaccuracy, omission, delay or any other fault in the services or content, for any reason (including without limitation) where it is due to the fault of us, a content provider or other carrier; and (b) we, other carriers and our content providers do not make any representations as to the accuracy, comprehensiveness, completeness, quality, fault or interruption free nature, compatibility, security or fitness for purpose of the services or content; (c) data generated by WiseTraders servers is available at the discretion of WiseTraders. Any ancillary codes can be adjusted, added or removed from an Exchange at any time without warning.
11.3 In providing you with access to any of the services or content, neither we nor our content providers are providing you with any advice of any nature, including, without limitation, investment advice. In respect of any services or content containing investment information, we are not communicating invitations or inducements to enter into investment agreements.
11.4 YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE COMPANY AND ITS DIRECTORS, OFFICERS, OWNERS, AND EMPLOYEES SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, AND/OR EXEMPLARY DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), TO THE FULLEST EXTENT PERMISSIBLE BY LAW FOR: (A) THE USE OR THE INABILITY TO USE THE WEBSITE OR THE SERVICES AND MATERIALS AVAILABLE FOR SALE ON THE WEBSITE; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, CONTENT AND/OR ANY PRODUCT PURCHASED OR OBTAINED FROM OR THROUGH THE WEBSITE; (C) THE UNAUTHORIZED ACCESS TO, OR ALTERATION OF, YOUR PERSONALLY IDENTIFIABLE DATA; AND (D) ANY OTHER MATTER RELATING TO THIS WEBSITE OR THE OFFERINGS AVAILABLE ON THE WEBSITE. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION, INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION AND ANY AND ALL OTHER TORTS. YOU HEREBY RELEASE COMPANY FROM ANY AND ALL OBLIGATIONS, LIABILITIES, AND CLAIMS IN EXCESS OF THE LIMITATIONS STATED HEREIN.
11.5 IF APPLICABLE LAW DOES NOT PERMIT ANY SUCH LIMITATION OF LIABILITY AS SET FORTH ABOVE, THE MAXIMUM LIABILITY OF THE RELEASED PARTIES TO YOU UNDER ANY AND ALL CIRCUMSTANCES WILL BE ONE-HUNDRED DOLLARS ($100.00). NO ACTION, REGARDLESS OF FORM, ARISING OUT OF YOUR USE OF THE WEBSITE, OR THE SERVICES AND MATERIALS OFFERED ON THE WEBSITE, MAY BE BROUGHT BY YOU MORE THAN ONE (1) YEAR FOLLOWING THE EVENT WHICH GAVE RISE TO THE CAUSE OF ACTION. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND THE COMPANY. ACCESS TO THE WEBSITE AND THE PRODUCT OFFERED ON THE WEBSITE WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS ON LIABILITY AND IN SUCH JURISDICTIONS THE COMPANY'S LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
11.6 Matters beyond our control
11.6.1 We will not be liable to you if we cannot carry out our obligations, or provide the services, because of something beyond our control.
11.6.2 The items contained in Section 12 will apply even after your Agreement has ended.
11.6.3 We will not be liable in contract or in tort (including negligence) or otherwise for any loss or damage (including indirect or consequential loss or damage) however caused, which may be suffered, or incurred or which may arise directly or indirectly in respect of the use of, or inability to use any of the WiseTraders services.
12. ARBITRATION AND CLASS ACTION WAIVER
12.1 EXCEPT WHERE PROHIBITED BY LAW, YOU AND THE COMPANY AGREE THAT ALL CLAIMS, DISPUTES OR CONTROVERSIES BETWEEN YOU AND THE COMPANY (including disputes against any agent employee, subsidiary, affiliate, predecessor in interest, successor, or assign of the other), ITS PARENTS, AFFILIATES, SUBSIDIARIES OR RELATED COMPANIES, relating to the Website, the SERVICES AND MATERIALS published by the Company on or through the Websites, any transaction or relationship between us resulting from your use of the Website, communications between us, or the purchase of our services and materials INCLUDING, WITHOUT LIMITATION, TORT AND CONTRACT CLAIMS, CLAIMS BASED UPON ANY FEDERAL, STATE OR LOCAL STATUTE, LAW, ORDER, ORDINANCE OR REGULATION, AND THE ISSUE OF ARBITRABILITY, SHALL BE RESOLVED BY THE FINAL AND BINDING ARBITRATION PROCEDURES SET OUT BELOW. THE PARTIES ACKNOWLEDGE AND AGREE THAT ANY SUCH CLAIMS SHALL BE BROUGHT SOLELY IN THE PARTY'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE PROCEEDING, OR PRIVATE ATTORNEY GENERAL CAPACITY. THE PARTIES FURTHER AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING. THE PARTIES VOLUNTARILY AND KNOWINGLY WAIVE ANY RIGHT THEY HAVE TO A JURY TRIAL. ANY CONTROVERSY CONCERNING WHETHER A DISPUTE IS ARBITRABLE SHALL BE DETERMINED BY THE ARBITRATOR AND NOT BY THE COURT. JUDGMENT UPON ANY AWARD RENDERED BY THE ARBITRATOR MAY BE ENTERED BY A STATE OR FEDERAL COURT HAVING JURISDICTION THEREOF. THIS ARBITRATION CONTRACT IS MADE PURSUANT TO A TRANSACTION IN INTERSTATE COMMERCE AND ITS INTERPRETATION, APPLICATION, ENFORCEMENT AND PROCEEDINGS HEREUNDER SHALL BE GOVERNED BY THE FEDERAL ARBITRATION ACT ("FAA").
The following procedures shall apply:
In the event a party elects to proceed with binding arbitration, it shall provide written notice thereof to the other party by registered or certified mail and shall describe in such notice, with reasonable particularity, the nature and basis of such claim and the total amount of the claim. Within thirty (30) days of receipt of such notice, the party receiving notice of a claim shall provide a written response which, with reasonable particularity, sets forth its position concerning the claim. If the parties are unable to resolve the dispute arising from the claim by good faith negotiations to be conducted within the thirty (30)-day period following the written response, either of them may initiate binding arbitration pursuant to the terms and conditions set forth herein. Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be determined by arbitration administered by the International Centre for Dispute Resolution in accordance with its International Arbitration Rules. Unless otherwise agreed, the arbitration shall take place in the United Kingdom, but may proceed telephonically in the event the total amount of the claim does not exceed $2,500 U.S. dollars (if the claimant so chooses).
BY AGREEING TO THIS ARBITRATION AGREEMENT, YOU ARE GIVING UP YOUR RIGHT TO GO TO COURT, INCLUDING YOUR RIGHT TO A JURY TRIAL. In arbitration, a dispute is resolved by a neutral arbitrator or panel of arbitrators, rather than by a judge or jury. Arbitration is more informal than a court trial; however, an arbitrator can award the same relief that a court can award.
Separate and apart from the agreement to arbitrate set forth above, the parties hereby independently waive any right to bring or participate in any class action in any way related to, or arising from, this agreement. You acknowledge that this class action waiver is material and essential to the arbitration of any disputes between the parties and is non-severable from the agreement to arbitrate claims. If any portion of this class action waiver is limited, voided, or cannot be enforced, then the parties' agreement to arbitrate shall be null and void. YOU UNDERSTAND THAT BY AGREEING TO THIS ARBITRATION AGREEMENT, WHICH CONTAINS THIS CLASS ACTION WAIVER, YOU MAY ONLY BRING CLAIMS AGAINST THE COMPANY, ITS AGENTS, OFFICERS, SHAREHOLDERS, MEMBERS, EMPLOYEES, SUBSIDIARIES, AFFILIATES, PREDECESSORS IN INTEREST, SUCCESSORS AND/OR ASSIGNS IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING.
Agreeing to this Arbitration Provision is not a mandatory condition of your contractual relationship with the Company. If you do not want to be subject to this Arbitration Provision, you may opt out of this Arbitration Provision. To do so, within 30 days of the date that this Agreement is electronically accepted by you, you must send a written notice to the Company’s address set forth herein stating your intent to opt out of this Arbitration Provision, as well as your name, address and the email associated with your account. A letter sent by your agent or representative (including your counsel) shall not be effective. Your letter may opt out yourself only, and any letter that purports to opt out anyone other than yourself shall be void as to any others. Should you not opt out of this Arbitration Provision within the 30-day period, you and the Company shall be bound by the terms of this Arbitration Provision.
You will not be subject to retaliation if you exercise your right to opt out of this Arbitration Provision. If you opt out of this Arbitration Provision and at the time of your receipt of this Agreement you were bound by an existing agreement to arbitrate disputes arising out of or related to your use of the Websites, that existing arbitration agreement will remain in full force and effect. Neither your acceptance of this Agreement nor your decision to opt out of this Arbitration Provision will affect any obligation you have to arbitrate disputes not specified in this Arbitration Provision pursuant to any other agreement you have with the Company.
Upon request by the Company, you agree to defend, indemnify, and hold harmless the Company and its affiliates, their employees, contractors, agents, representatives, shareholders, officers, directors, co-branders, content licensors, and/or other partners from all liabilities, claims, and expenses, including, without limitation, attorney fees that arise from: (a) your use of the Website or the Services and Materials; and/or (b) your breach of these Terms of Service and/or (c) use of information received by you (or any third-party receiving such information from or through you) furnished by or through the Company’s Website. The Company reserves the right, at your expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with the Company in asserting any available defenses. Notwithstanding anything in these terms to the contrary, this indemnity provision does not apply in the State of New Jersey.
14.1 We will consider that you have received information from us if it is included on our website or if it is directly communicated to you by phone, message, email or mail using your most recent contact details given to us.
14.2 “WiseTraders” is a trademark owned by FlagTrader.com Ltd, a company incorporated in England & Wales. Our registered office is at 133-137 Alexandra House, London, SW19 7JY, ENGLAND. Our website address is www.wisetraders.com. Email support is available at email@example.com.
15. Other Terms
15.1 Your Agreement is the entire agreement between us and you and supersedes all other representations made to you including (without limitation) any oral or written representations about the services or the charges.
15.2 Your Agreement is governed by the laws of England and Wales.
15.3 If any of the terms in your Agreement are not valid or legally enforceable, the other terms will not be affected. We may replace any term that is not legally effective with a similar term that is.
15.4 We may assign or transfer our rights and obligations under your Agreement to a party who agrees to continue complying with our obligations under your Agreement.
Any of the records we keep about you including records of your payments, outstanding charges and your personal details.
Agreement: the terms and conditions described in these Terms of Service, your service description and any other terms (including without limitation those contained in any application or agreement forms we produce) you sign.
Billing Period: Our billing period for the services as may change from time to time.
Charges: all charges for services as published in our website periodically notified to you from time to time including but not limited to payment plan payments.
Connection: the process of giving you access to the services.
Content: any data provided by us or a content provider and that can be accessed using the services.
Content Provider: a person that supplies us, or you directly, with content. This includes (without limitation) a person who supplies share market information and news services.
Customer Services: our service team who are available to help you with your queries. They can be contacted by emailing firstname.lastname@example.org.
Minimum Term: the minimum fixed term for supply of the services as specified in this Agreement.
Services Guide: our descriptions of our current services. These may be amended by us from time to time and are available on our website.
Software: any software portion of WiseTraders services that you access from your computer, tablet, smartphone or other hardware.
Suspension: the temporary disconnection of or any part of the services.
The Website: Any websites under the control of WiseTraders / Flagtrader.com Ltd. These include but are not limited to: www.wisetraders.com, www.ovitraders.com, www.flagtrader.com,
www.ovicopilot.com, www.optioneasy.com, www.big money footprints.com,
www.theinsideredge.com, www.followthemoneytrader.com, www.oviadvantage.com,
The Software: includes any applications that reside on any of the websites owned or controlled by FlagTrader.com Ltd t/a WiseTraders.
17. Testimonials Disclaimer
In accordance with the FTC guidelines concerning use of endorsements and testimonials in advertising, please be aware of the following: Testimonials appearing on any WiseTraders websites are actually received via text, audio, or video submission. They are individual experiences, reflecting real life experiences of those that have used our products and/or services in some way or another. However, they are individual results and results may vary. We do not claim that they are typical results that consumers will generally achieve. The testimonials are not necessarily representative of all of those who will use our products and/or services. The testimonials presented on any WiseTraders websites are applicable to the individuals writing them, and may not be indicative of future performance or success of any other individuals. FlagTrader.com Ltd cannot and does not guarantee results. The testimonials displayed (text, audio, and/or video) are given verbatim except for correction of grammatical or typing errors. Some have been shortened, so that the whole message received by the testimonial writer is not displayed. This is done only when a testimonial is lengthy, or if the entire testimonial did not seem relevant for the general public. FlagTrader.com Ltd is not responsible for any of the opinions or comments posted to the website. FlagTrader.com Ltd is not a forum for testimonials, however provides testimonials as a means for customers to share their experiences with one another. To prevent against abuse, all testimonials appear after they have been reviewed by management of FlagTrader.com Ltd. FlagTrader.com Ltd does not share the opinions, views, or commentary of any testimonials on this website, which are strictly the views of the testimonial writer. If you submit a testimonial or feedback to us then you agree that we may publish your testimonial or feedback, together with your name and any images you provide on this website and on any successor website that we may operate from time to time, on such page and in such position as we may determine in our sole discretion. You further agree that we may edit the testimonial and publish edited or partial versions of the testimonial. We may obfuscate your name to protect your privacy upon request. However, we will never edit a testimonial in such a way as to create a misleading impression of your views. You may terminate this license by giving us 30 days’ written notice of termination.
18. Other Disclaimers
Although the contents provided on the Website have been obtained from sources believed to be reliable, they are provided to you on an “AS IS'' basis. FlagTrader.com Ltd makes no warranties, expressed, implied, or statutory including, but not limited to, warranties of merchantability, fitness for a particular purpose, accuracy, timeliness, completeness, or non-infringement to users and/or any third party. You acknowledge that (a) the Materials are provided for general informational and educational purposes only and are not intended for trading purposes, (b) that FlagTrader.com Ltd does not guarantee the accuracy, completeness or timeliness of the Materials provided on the Website or any linked website, and (c) that the provision of certain portions of the Website is subject to the terms and conditions of other agreements to which FlagTrader.com Ltd is a party. ACCORDINGLY, FLAGTRADER.COM LTD, ITS OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, AFFILIATES, SUBSIDIARIES, AGENTS, AND ASSIGNEES (THE “COVERED PARTIES”) SHALL NOT BE RESPONSIBLE OR LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, LOST PROFITS OR LOST OPPORTUNITIES, WHETHER OR NOT THE COVERED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES FOR (a) ANY ERRORS OR OMISSIONS IN THE MATERIALS OR OTHER RESOURCES AND DOCUMENTS WHICH ARE REFERENCED BY OR LINKED TO THE MATERIALS; (b) ANY DELAYS, ERRORS OR INTERRUPTIONS IN THE TRANSMISSION OF ANY INFORMATION; (c) YOUR USE OF THE MATERIALS (REGARDLESS OF WHETHER YOU RECEIVED ANY ASSISTANCE FROM A COVERED PARTY IN USING THE MATERIALS), OR (d) YOUR USE OF ANY EQUIPMENT IN USING THE MATERIALS OR (e) LOSS OR DAMAGE ARISING THEREFROM OR OCCASIONED THEREBY, OR BY ANY REASON OF NONPERFORMANCE. THE FOREGOING SHALL APPLY REGARDLESS OF WHETHER A CLAIM ARISES IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE. THE AGGREGATE LIABILITY OF THE COVERED PARTIES IN CONNECTION WITH ANY OTHER CLAIM ARISING OUT OF OR RELATING TO THE MATERIALS SHALL NOT EXCEED THE AMOUNT OF THE PRICE PAID FOR MEMBERSHIP TO THE APPLICATION. YOUR RIGHT TO MONETARY DAMAGES IN THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST ANY COVERED PARTY.
Websites Disclaimer Options involve risk and are not suitable for all investors. Prior to buying or selling an option, a person must receive a copy of Characteristics and Risks of Standardized Options. This can be obtained from the Options Clearing Corporation (1888-options), One North Wacker Drive, Suite 500, Chicago IL 60606. Investors need a broker to trade options, and must meet suitability requirements. The information on this Website is provided solely for general education and information purposes and therefore should not be considered complete, precise, or current. Many of the matters discussed are subject to detailed rules, regulations, and statutory provisions which should be referred to for additional detail and are subject to changes that may not be reflected in the Website information. No statement within the Website should be construed as a recommendation to buy or sell a security or to provide investment advice. The inclusion of advertisements on the Website should not be construed as an endorsement or an indication of the value of any product, service, or website. The Terms and Conditions of use for the ovitraders.com website govern use of any aspects of the Website. The data contained in WiseTraders software requires dividend payments to be manually inputted where appropriate by the user and should not be considered as a professional advice to perform any specific investment. The calculations within the options applications are based on the Black-Scholes Options Pricing Model and FlagTrader.com Ltd shall not be liable to any claim relating to the accuracy or validity of any calculations or content on this Website. Simulated results and un-executed trades do not represent actual trading and the results may under or over compensate for the impact, if any, of certain market factors, such as lack of liquidity or inconsistent market data. Simulated trading programs are generally designed with hindsight, whereas real trading occurs without hindsight. No representation is made that any account is or will be likely to achieve profits or losses similar to those shown. The user of the Software shall solely be responsible for any action and/or investment made based on the data and calculations contained in this Software and/or any other use of the data and calculations of this Software. FlagTrader.com Ltd shall not be liable for or accept any responsibility for damage of any kind that may be caused by the use of this software and/or by the use of any data and/or information contained in, generated by and/or granted by this Software. This software is not to be used for third party training or teaching purposes such as seminars or workshops without the express written consent of FlagTrader.com Ltd. FlagTrader.com Ltd reserves the right to terminate any individual memberships if any member is suspected of using the Application for any and such unauthorized purposes.
The calculations and rankings within the Screeners are based on mathematical formulae and equations at the previous end of day’s trading closing prices. The screener is designed to rank trades for selected strategies based on yields and their associated probabilities. While we make every effort to filter only for liquid stocks and options, the screener takes no account of fundamental or technical analysis and as such makes no claims as to the safety, timeliness or profitability of any stocks selected within the searches. Simulated results and un-executed trades do not represent actual trading and the results may under or over compensate for the impact, if any, of certain market factors, such as lack of liquidity or inconsistent data quotes. Simulated trading programs are generally designed with hindsight, whereas real trading occurs without hindsight. No representation is made that any account is or will be likely to achieve profits or losses similar to those shown.
Email support is provided on email@example.com.
19. Representations You represent, warrant and covenant that: (a) you have the power, competence and authority to enter into this agreement; (b) you are at least eighteen (18) years old; (c) you shall not use any rights granted hereunder for any unlawful purpose; and (d) you shall use the Website only as set forth in these Terms of Service.