This Website at www.nyjcapital.com (the “Website” or “Site”), owned by NYJ Group of Companies (“We,” “Us,” or the “Company”), is hosted in the United States. These Terms and Conditions of Use (the “Terms of Use,” “Terms and Conditions,” or “Agreement”) apply to any and all visitors to and users of this Site (here in after referred to as “User” or “You”). These Terms of Use include the General Disclaimers Regarding Trading and Investments and the Privacy Policy, both of which are part of and incorporated in these Terms of Use by this reference.
Our Company, this Website, our classes, seminars, and workshops, and the products and services We offer (including any materials that can be downloaded and/or purchased here and including the community discussions to which You have access) all grew out of Our desire to help people navigate the complicated world of trading. Our many years of trading experience have taught Us certain strategies and philosophies that We want to share with others and that We have developed into teaching materials and otherwise have incorporated into our program and community discussions. With the education, instruction, and strategies We provide to You, We believe that You can become a successful trader. With the tools You will learn from Us, You can create Your own winning trading strategy that is customized to Your own lifestyle, personality, resources, and experience.

PLEASE REALIZE, HOWEVER, THAT WE ARE NOT YOUR INVESTMENT ADVISERS, TRADERS, BROKERS, TAX ADVISORS, OR LEGAL ADVISERS, AND WE ARE NOT RESPONSIBLE FOR ANY TRADING OR INVESTMENT DECISIONS YOU MAKE OR FOR ANY MONEY YOU MAKE OR LOSE. WE CAN GIVE YOU ONLY THE EDUCATION, TOOLS, AND STRATEGIES TO HELP YOU, BUT YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR OWN INVESTMENT DECISIONS AND TRANSACTIONS. 

YOUR ACCESS TO AND USE OF THIS WEBSITE AND OUR COMMUNITY PLATFORM, AS WELL AS ALL OUR MATERIALS, TEACHINGS, AND CONTENT OF ANY KIND, ARE CONDITIONED ON YOUR ACCEPTANCE OF AND COMPLIANCE WITH THESE TERMS OF USE. BY USING THIS WEBSITE OR ANY OF OUR PRODUCTS, SERVICES, OR MATERIALS, YOU ARE AGREEING TO BE BOUND BY THESE TERMS OF USE. PLEASE READ THESE TERMS OF USE VERY CAREFULLY. THEY INCLUDE IMPORTANT INFORMATION REGARDING YOUR RIGHTS, INCLUDING OUR NO-REFUND POLICY, YOUR AGREEMENT TO KEEP ALL OUR MATERIALS, STRATEGIES, TOOLS, AND CONTENT CONFIDENTIAL AND FOR YOUR OWN USE, YOUR AGREEMENT TO ARBITRATION, AND OTHER IMPORTANT TERMS AFFECTING YOUR RIGHTS. IF YOU DO NOT AGREE WITH THESE TERMS OF USE, DO NOT ACCESS OR USE THIS SITE OR USE OR PURCHASE ANY OF OUR PRODUCTS, SERVICES, CONTENT, OR MATERIALS.

I. Acceptance of Terms – You Are Bound By These Terms of Use
PLEASE READ THIS AGREEMENT CAREFULLY. BY ACCESSING OR USING THIS SITE, YOU SIGNIFY YOUR AGREEMENT TO THESE TERMS OF USE AND TO BE BOUND BY THESE TERMS OF USE, INCLUDING TO ALL DOCUMENTS THAT COMPRISE THESE TERMS OF USE (INCLUDING OUR PRIVACY POLICY AND THE GENERAL DISCLAIMERS REGARDING TRADING AND INVESTMENTS).
IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS SET FORTH HERE (AND IN ALL RELATED DOCUMENTS), AND/OR DO NOT WISH TO BOUND BY THEM, YOU MAY NOT ACCESS OR USE THIS WEBSITE OR ANY OF OUR PRODUCTS, SERVICES, OR OTHER MATERIALS, AND YOU MUST DISCONTINUE USE OF THE WEBSITE IMMEDIATELY.
TO FURTHER SIGNIFY YOUR AGREEMENT TO BE BOUND BY THE TERMS OF THIS AGREEMENT, WHEN YOU CREATE AN ACCOUNT, YOU MUST CHECK AND CLICK THE BOX INDICATING THAT, BY CLICKING SIGN UP, YOU ACCEPT AND AGREE TO BE BOUND BY THIS WEBSITE’S TERMS AND CONDITIONS OF USE, INCLUDING THE PRIVACY POLICY AND THE GENERAL DISCLAIMERS REGARDING TRADING AND INVESTMENTS. IF YOU DO NOT ACCEPT AND AGREE TO BE BOUND BY THE TERMS OF USE OF THIS WEBSITE, INCLUDING ALL RELATED DOCUMENTS, DO NOT SIGN UP AND DO NOT CHECK THE BOX INDICATING THAT YOU ACCEPT THE TERMS OF USE,AND DISCONTINUE ANY FURTHER USE OR ACCESS OF THIS WEBSITE AND/OR ANY OF ITS SERVICES.

ALSO, WHILE YOU ARE BOUND BY THIS AGREEMENT WHETHER OR NOT YOU SIGN UP FOR AN ACCOUNT, WHETHER OR NOT YOU PURCHASE ANYTHING, AND WHETHER OR NOT YOU CLICK THE BOX INDICATING YOUR ACCEPTANCE OF THE TERMS OF USE. BEFORE YOU ARE PERMITTED TO USE OR ACCESS ANY OF OUR CONTENT, PRODUCTS, OR SERVICES, INCLUDING BEING ALLOWED TO ENTER AND INTERACT WITH OUR COMMUNITY, YOU MUST ALSO EXPRESSLY INDICATE YOUR ACCEPTANCE OF THESE TERMS OF USE, INCLUDING YOUR AGREEMENT TO BOUND BY THESE TERMS OF USE, BY CHECKING AND CLICKING A BOX SIGNIFYING YOUR AGREEMENT. 

SO LONG AS YOU CONTINUE TO ACCESS OR USE THIS WEBSITE. THE COMPANY RESERVES THE RIGHT, AT ITS DISCRETION, TO CHANGE, ADD, REMOVE OR OTHERWISE TO MODIFY PORTIONS OF THESE TERMS OF USE (INCLUDING ALL RELATED DOCUMENTS, SUCH AS THE PRIVACY POLICY AND GENERAL DISCLAIMER) AT ANY TIME. PLEASE CHECK THESE TERMS OF USE AND THE PRIVACY POLICY (AND RELATED DOCUMENTS) PERIODICALLY FOR CHANGES. YOUR CONTINUED USE OF THIS WEBSITE (AND/OR OF OUR PRODUCTS AND SERVICES) FOLLOWING THE POSTING OF ANY SUCH CHANGES SIGNIFIES YOUR AGREEMENT TO BE BOUND BY THEM. 

Please realize that all products or services offered or accessible through this Website, Your access and use of this Website and any materials You obtain through it, and Your conduct on this Website all are governed by these Terms of Use. Also, unless explicitly stated otherwise, any new features, products, or services that change, augment, or enhance the current products or services offered by or through this Website shall be subject to and governed by these Terms of Use. Additionally, note that the use of certain materials or the conduct of certain transactions on the Site may be subject to additional terms and conditions that will be made available to Users prior to their using such material or completing such transactions. Unless otherwise stated in any such additional terms and conditions applicable to any of those transactions in which You choose to participate or any materials You wish to use, such additional terms and conditions hereby are incorporated here into this Agreement as though set forth in full. In the event of any conflict between this Agreement and any license agreement or other specific agreement that You enter into with the Company in connection with any transactions or conduct on this Website, the license agreement or other specific agreement will control as to the conflicting terms 

PLEASE ALSO NOTE THAT WE PERMIT PERSONS ONLY AGED 18 YEARS OR OVER TO JOIN OUR COMMUNITY AND TO ACCESS AND USE OUR WEBSITE, PRODUCTS, AND SERVICES. BY ACCESSING AND USING OUR WEBSITE, OR ANY OF OUR PRODUCTS OR SERVICES, YOU REPRESENT AND WARRANT TO US THAT YOU ARE AT LEAST 18 YEARS OLD OR OLDER AND THAT YOU AGREE TO ACCEPT THESE TERMS OF USE (INCLUDING ALL DOCUMENTS ATTACHED OR REFERENCED). IF YOU ARE UNDER 18, YOU MAY NOT USE THIS WEBSITE OR OUR PRODUCTS OR SERVICES.

II. Our General Disclaimers Regarding Trading and Investments
These Terms of Use include certain legal statements, disclaimers, and limitations relating to Our general liability and responsibilities, warranties, and indemnification in connection with the provision of Our Products and Services and this Website; see below in the section regarding Disclaimer of Warranties, Limitation of Liability, and Indemnity for more about some of those important disclaimers, limitations of liability, and legal statements.
Other important disclaimers and liability limitations that are part of these Terms of Use, and are incorporated in these Terms of Use by this reference, and that relate to Our trading activities and educational instruction are in a separate document called “General Disclaimers Regarding Trading and Investments.” Use this link to review our General Disclaimers Regarding Trading and Investments.

In the General Disclaimers Regarding Trading Investments, You must acknowledge and agree, among other things, that (i) We are not Your investment advisers, traders, brokers, tax advisors, or legal advisors; (ii) You are responsible for Your own trading decisions and the results of all of Your trades; (iii) all of Our materials, statements, information, or content is provided for informational and educational purposes only, and is not investment advice. By accessing or using this Site, by using Our Products and Services, and/or by signifying Your agreement to these Terms of Use by checking a box and clicking that You agree, You also signify Your agreement to the entirety of what is stated in the document entitled, “General Disclaimers Regarding Trading and Investments,” including, but not limited to, the acknowledgement and disclaimers set forth above in this Section II.

III. Our Products and Services
The various products and services offered by Us that are available or accessible through this Website or otherwise offered by or through this Website (the “Products” and/or the “Services”) may include, among other things, classes (such as our live trading and live education videos in the “trading room,” pre-recorded videos, seminars, and workshops), educational materials, including investment and research tools and strategies, providing an online store to buy and download various content, resources, and materials to aid You in Your trading activities, access to Our online community forum, platform, and interactive chat rooms that allow You to connect with other trading individuals, allowing You to create an account where information may be stored about You to help you to navigate this Website and/or to make purchases, allowing You access to Your personalized “Dashboard” that allows You to manage Your account, subscriptions, and personal information, allowing You to stream, watch, and/or listen to educational videos, recordings, or audiobooks, allowing You to learn about classes, seminars, workshops, trading sessions, and other educational opportunities, allowing You to sign up for or download courses, seminars, or other educational content, and allowing You to engage in other services and activities or to purchase various products geared toward teaching You about various trading tools, philosophies, and strategies. 

Please note that all of Our Products and Services are provided for educational and informational services only. We do not intend to show actual trades. Any and all of the trades We share with You may be simulated or hypothetical, or they may be real, but, regardless, We do not guarantee the same results for You for any trades, and We do not at any time guarantee any particular results at all for You for any trades. For more about this, see above in the section entitled, “Our General Disclaimers Regarding Trading and Investment,” and see the separate document (that is incorporated herein) called General Disclaimers

IV. Registration/Sign-Up Obligations for Becoming a Member
To access and utilize certain Products and Services on this Website, including making purchases, Users will be required to register (“Sign Up”) with Us to become members and students (“Students”), which will require You to provide certain information about Yourself. If You Sign Up as a Student of this Website, You agree to provide Us with true, accurate, current and complete information about Yourself as requested by Us (“Registration/Sign Up Information”). The Registration/Sign Up Information may include name, e-mail address, shipping address, billing address, birthdate, phone number, and other personal information about You, such as Your trading experience, Your educational level, Your job status, and/or information about Your family. 

By becoming a Student, You further agree as follows:
To refrain from impersonating or falsely representing Your affiliation with any person or entity;
To maintain and update the Registration/Sign Up Information;
To maintain a valid e-mail address at all times and to promptly notify Us in writing of any changes to your e-mail;
To access the Website using only the login information, including password, associated with Your account;
To be responsible for maintaining the confidentiality of Your account and password and any and all consequences of use or misuse of Your account and password.
All personal information that You provide to Us or that We otherwise collect from You, including the Registration/Sign Up Information, is collected, used, retained, and/or stored subject and pursuant to Our Privacy Policy. For more information regarding Our collection, use, and retention of the Registration/Sign Up Information and other personal information You may provide to Us, please read this Website’s Privacy Policy.

V. Eligibility, Password, and Availability of Products and Services
Use of this Website and its Products and Services is void where prohibited.
BY USING THIS WEBSITE AND ITS PRODUCTS AND SERVICES, YOU REPRESENT AND WARRANT THAT (i) ALL REGISTRATION/SIGN UP INFORMATION YOU SUBMIT IS TRUTHFUL AND ACCURATE; (ii) YOU WILL MAINTAIN THE ACCURACY OF ALL SUCH INFORMATION; (iii) YOU ARE 18 YEARS OF AGE OR OLDER; (iv) YOU ARE NOT CURRENTLY RESTRICTED FROM USING THE SITE, OR NOT OTHERWISE PROHIBITED FROM HAVING AN ACCOUNT WITH US; (v) YOU ARE NOT A COMPETITOR OF THE COMPANY OR ENGAGED IN ANY BUSINESS THAT, DIRECTLY OR INDIRECTLY, COULD BE CONSIDERED COMPETITIVE WITH THE BUSINESS OF THE COMPANY, AND YOU ARE NOT USING THE SITE FOR ANY REASON THAT MAY BE IN COMPETITION WITH THE COMPANY OR SITE OR ANY OTHER PRODUCT AND SERVICES OFFERED BY THE COMPANY; (vi) YOU HAVE THE FULL RIGHT, POWER, AND AUTHORITY TO ENTER INTO AND PERFORM THESE TERMS OF USE, AND DOING SO WILL NOT VIOLATE ANY OTHER AGREEMENT TO WHICH YOU ARE A PARTY; (vii) YOUR USE OF THE WEBSITE PRODUCTS AND SERVICES DOES NOT VIOLATE ANY APPLICABLE LAWS OR REGULATIONS; AND (viii) YOU AGREE TO PROVIDE, OPERATE, AND MAINTAIN, AT (AS BETWEEN YOU AND US) YOUR SOLE COST, EXPENSE, AND RISK, ANY AND ALL EQUIPMENT, SOFTWARE, APPLICATIONS, AND INTERNET ACCESS REQUIRED OR NECESSARY TO USE THIS SITE AND OUR PRODUCTS AND SERVICES.

To Sign Up as a Student, You will have to pay for one of Our subscription packages. See https://nyjcapital.com/register/ to learn more about Our different subscription packages. 

When You Sign Up as a Student and create Your account, You will be asked to choose a password. You are solely and entirely responsible for maintaining the confidentiality of Your password and for any and all use of Your account. You agree to log off Your account at the end of each session so that no one else can gain access to the Website Products and Services through Your account. You agree not to use the account, username, or password of another Student or User at any time or to disclose Your password to any other person or entity. You agree to notify Us immediately if You suspect that there has been any unauthorized use of Your account or access to Your password or if You believe the confidentiality of Your password has been compromised in any manner.

Upon the submission of Your Registration/Sign Up Information and the completion of the registration process, subject to the provisions of this Agreement (including Your non-refundable payment for the package You have chosen), You will be able to access and use certain of this Website’s Products and Services, including that You will have access to Your Student Dashboard, be able to purchase books or other materials, be able to view and listen to pre-recorded classes, be able to download or sign up for classes, seminars, or other educational opportunities (including participating in watching live trading and live education videos in the “trading room”), accessing and interacting with Our community platform,, and utilizing other Website Products and Services. 

In the future, We may offer different types of paid or unpaid subscription Products and Services or membership packages that allow You to utilize additional or different Products and Services than what is currently offered. In the event such new or different Products and Services or packages become available on or through this Website, We will notify You of the terms and conditions of such Products and Services on this Website, and We likely will reference them in these Terms of Use, as well. Please continue to check back here and elsewhere on this Website for more information. 

WHILE WE MAKE REASONABLE EFFORTS TO ENSURE THAT THIS WEBSITE IS AVAILABLE AT ALL TIMES, WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT THIS WEBSITE OR ITS PRODUCTS AND SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, AND WE DO NOT GUARANTEE THAT USERS AND/OR STUDENTS WILL BE ABLE TO ACCESS OR USE ALL OF THE WEBSITE’S FEATURES AND PRODUCTS AND SERVICES AT ALL TIMES. WE ALSO DO NOT GUARANTEE OR WARRANT THAT ANY CONTENT THAT YOU MAY HAVE UPLOADED OR OTHERWISE USED IN CONNECTION WITH YOUR ACCOUNT OR OTHERWISE WILL NOT BE SUBJECT TO INADVERTENT DAMAGE, CORRUPTION, OR DESTRUCTION. YOU ARE RESPONSIBLE FOR BACKING UP AND SAVING YOUR OWN CONTENT.

IF ANY DATA THAT IS SENT TO OR STORED ON THIS WEBSITE IS LOST OR CORRUPTED IN ANY WAY, WE HAVE NO OBLIGATION OR LIABILITY TO YOU. WE ASSUME NO RESPONSIBILITY IF THIS WEBSITE OR ANY OF ITS PRODUCTS AND SERVICES BECOME UNAVAILABLE FOR ANY REASON OR FAIL TO MEET YOUR REQUIREMENTS, OR IF ANY PRODUCTS AND SERVICES PROVIDE INACCURATE OR UNTIMELY INFORMATION. THIS WEBSITE MAY CONTAIN TECHNICAL OR OTHER MISTAKES OR INACCURACIES, AS WELL AS TYPOGRAPHICAL ERRORS.

VI. Children Under the Age of 18
Persons under the age of eighteen (18) are not eligible to use this Website at all for any reason, and We ask that minors (i.e., those under the age of 18) do not Sign Up, submit any personal or confidential information to Us, or otherwise access or use this Website or its Services.
IF YOU ARE UNDER THE AGE OF 18, YOU MAY NOT BECOME A REGISTERED USER OR STUDENT OF THIS WEBSITE OR OUR SERVICES, AND YOU MAY NOT VISIT ANY OF OUR PAGES OR USE OR ACCESS ANY OF OUR PRODUCTS OR SERVICES. IF YOU ARE ACCESSING OR USING THIS WEBSITE OR USING OR ACCESSING ANY OF OUR PRODUCTS OR SERVICES, YOU REPRESENT TO US THAT YOU ARE 18 OR OLDER AND THAT YOU AGREE TO THE TERMS OF USE OF THIS WEBSITE, INCLUDING THE PRIVACY POLICY AND THE GENERAL DISCLAIMERS REGARDING TRADING AND INVESTMENTS.

VII. Ownership and Other Proprietary Rights In and To Content On This Website; Confidentiality Regarding Our Content
This Website and its Products and Services include content, information, materials, data, and certain features, including, without limitation, text, graphics, images, logos, designs, audio or video clips, digital downloads, data compilations, software, technology (and the design, selection, and arrangement of all of the foregoing), and other content or materials used by Us in the operation of this Website, Our business, and the provision of Our Products and Services, including, without limitation, all class materials and materials or information provided to You by Us for educational or informational purposes, including Our Trade Secrets (as defined below) (collectively, the “Content”).

The copyrights, patents, trademarks, trade secrets, and all other rights of any kind in and to such text, graphics, images, logos, designs, audio or video clips, digital downloads, data compilations, software, technology, and other Content (collectively, the “Intellectual Property”) are the property of the Company or the Company’s Content suppliers or licensors (with the exception of Content submitted by You or other Users or Students), and are protected by the laws of the United States, including, among others, U.S. copyright and trademark laws, and, where applicable, similar laws of other countries and jurisdictions and/or international treaties. Similarly, the compilation of Content (and all associated Intellectual Property) of this Website is the property of the Company, and is protected by the laws of the United States, including, among others, U.S. copyright and trademark laws, and, where applicable, laws of other countries and jurisdictions and/or international treaties.

Certain logos, marks, designations, brands, or other indicia of source set forth on this Website are the registered or unregistered trademarks of the Company in the United States. The look and feel of this Site, including, without limitation, page headers, graphics, button icons, and scripts, constitute service marks, trademarks, and/or trade dress of the Company. All other trademarks, logos, or other elements of the Website that are not owned by the Company that appear on this Website are the property of their respective owners, who may or may not be affiliated with or connected to Us. Except as otherwise explicitly provided within this Agreement or in any applicable license agreement that You enter into on or in connection with this Website, nothing contained on this Website shall be construed as granting any license or right to You under any trademark, copyright, patent, or other intellectual property right of the Company or any third party.

 You may not use for any purpose, including as a link to this Website, any name (including a product or service name, metatags or any other “hidden text” utilizing the terms, “nyjcapital”. proprietary graphic, trademark, or service mark of the Company without Our prior written consent. Likewise, You may not use any elements of the look and feel of this Website, including, without limitation, page headers, graphics, button icons or scripts, without Our prior written consent.

All Content that is shared with You by Us, whether through this Site or through or in connection with Our Products and Services, is Our proprietary Content and is protected by all applicable laws, including, among others, copyright and trademark laws and other laws protecting intellectual property and other proprietary information or content of any kind. In addition to Our intellectual property rights in and to such Content, which You would infringe were You to use, copy, post, display, or commercially exploit such Content without Our express authorization, You also understand, acknowledge, and agree that such Content is provided to You pursuant to a Limited License (defined below) pursuant to Section VIII.B for educational and informational purposes only and is to be used only by You and only for Your own personal use and is otherwise to be maintained in confidentiality by You.

Note that compliance by You with the confidentiality obligations described in this section does not apply to content that (a) has entered the public domain through no action or failure to act of You; (b) prior to disclosure by Us through the Website or Our Products and Services, was already lawfully in Your possession without any obligation of confidentiality; (c) subsequent to disclosure by Us through the Website or Our Products and Services, is obtained by You lawfully on a non-confidential basis from a third party who has the right to disclose such information to You without compliance with these confidentiality obligations; or (d) is independently developed by You without reference to any of Our confidential Content.

YOU UNDERSTAND, ACKNOWLEDGE, AND AGREE THAT, IN KEEPING OUR PROPRIETARY CONTENT CONFIDENTIAL, (i) YOU WILL NOT USE OR SHARE SUCH CONTENT FOR YOUR OWN COMMERCIAL PURPOSES, (ii) YOU WILL USE THE SAME DEGREE OF CARE (AND IN NO EVENT LESS THAN REASONABLE CARE) IN PROTECTING THE CONFIDENTIAL NATURE OF THE CONTENT THAT YOU WOULD USE TO PROTECT YOUR OWN CONFIDENTIAL AND PROPRIETARY INFORMATION AND CONTENT THAT YOU WOULD USE FOR YOUR OWN BUSINESS; (iii) YOU WILL NOT USE, COPY, PUBLISH, SHOW, OR DISCLOSE THE CONTENT TO ANY THIRD PARTIES WITHOUT OUR PRIOR WRITTEN CONSENT; AND (iv) YOUR USE AND ACCESS TO THE CONTENT IS GRANTED VIA A LIMITED LICENSE PURSUANT TO SECTION IX.B. (LIMITED LICENSE TO USE CONTENT), BELOW, AND IS GOVERNED BY THESE TERMS OF USE.

YOU UNDERSTAND AND ACKNOWLEDGE THAT DAMAGES ALONE WOULD NOT BE AN ADEQUATE REMEDY FOR THE BREACH OF THESE CONFIDENTIALITY PROVISIONS. OUR CONFIDENTIAL CONTENT IS PARTICULARLY VALUABLE AS THE HEART OF OUR BUSINESS AND USING OUR CONFIDENTIAL CONTENT IN VIOLATION OF THESE CONFIDENTIALITY PROVISIONS WOULD RESULT IN LOSSES AND INJURIES FOR WHICH DAMAGES ALONE WOULD BE DIFFICULT TO ASCERTAIN AND WOULD NOT BE AN ADEQUATE OR COMPLETE REMEDY. ACCORDINGLY, WITHOUT PREJUDICE TO ANY OTHER RIGHTS WE MAY HAVE AND REMEDIES AVAILABLE TO US IN CONNECTION WITH YOUR BREACH OF THESE CONFIDENTIALITY PROVISION OR OF ANY OTHER PART OF THESE TERMS OF USE, YOU ACKNOWLEDGE AND AGREE THAT WE SHALL BE ENTITLED TO THE GRANTING OF EQUIABLE RELIEF (INCLUDING, WITHOUT LIMITATION, INJUNCTIVE RELIEF) FOR ANY THREATENED OR ACTUAL BREACH OF THESE CONFIDETNIALITY PROVISIONS

VIII. Our Proprietary Content and Student Lists as Protectible Trade Secrets
Some of the proprietary Content that We use to provide Our Products and Services and that We might share with You or that You might have access to in some form are protectible as trade secrets. Such proprietary Content, including, among other things, Our student lists, and formulas, algorithms, techniques, philosophies, methods, processes, materials, price targets, and valuations (collectively, the “Trade Secrets”), are Our valuable trade secrets. These Trade Secrets derive independent economic value, actual or potential, from not being generally known to, and not being readily ascertainable by others who can obtain economic value from their disclosure or use, and are the subject of efforts by Us that are reasonable under the circumstances to maintain their secrecy.

YOU ACKNOWLEDGE AND UNDERSTAND THAT SUCH TRADE SECRETS MUST BE KEPT IN STRICT CONFIDENCE AND MUST NOT BE USED BY YOU FOR ANY PURPOSES, OTHER THAN IN CONNECTION WITH YOUR STATUS AS OUR STUDENT. IN ADDITION TO THE GENERAL CONFIDENTIALITY OBLIGATIONS SET FORTH ABOVE IN SECTION VII, YOU FURTHER AGREE TO MAINTAIN OUR TRADE SECRETS IN STRICT CONFIDENCE AND, EXCEPT AS NECESSARY TO PERFORM ACTIVITIES AS A STUDENT, YOU AGREE NOT TO DISCLOSE ANY TRADE SECRETS OF THE COMPANY WHILE YOU ARE A STUDENT WITH US OR AFTER YOU NO LONGER HAVE AN ACCOUNT OR MEMBERSHIP WITH US, AND YOU AGREE THAT YOU WILL NOT USE SUCH TRADE SECRETS FOR YOUR OWN COMMERCIAL USES OR PURPOSES, OTHER THAN TO MAKE TRADES BASED ON WHAT YOU HAVE LEARNED FROM THE METHODS AND STRATEGIES WE SHARE WITH YOU. You agree to comply with all applicable laws regarding the protection of trade secrets in connection with the use or disclosure of any Trade Secrets We share with You or that You may have access to in any form in Your role or status as Our Student.

IX. Watermarking/Digital Rights Management; Limited License To Use Content; Accuracy of Descriptions of Products and Services
A. Watermarking/Digital Rights Management
To protect the Company, Our images, and Content (and Our Content sources, and other licensors, partners, or affiliates), images or other Content may be visibly, invisibly, electronically or otherwise watermarked and/or may include the use of any kind of digital rights management system technology or equivalent technology within the content. Such technology (“rights management systems” or “RMS”) may allow for online “crawling” or tracking of any Content obtained from Us, or may utilize any other kind or method whatsoever of monitoring, tracking, protecting, or otherwise preventing the unauthorized use of Content by You or by anyone else.

If You do not consent to the use by Us of RMS or other equivalent technologies to trace the use of Our Content, You should not use or download any materials or Content from this Website. Moreover, You understand and acknowledge that you shall not disable or circumvent any RMS technology or equivalent technologies or tools and that such disabling or circumvention may be a violation of the Copyright Act or other laws.
B. Limited License To Use Content
Unless there is an agreement in writing with Company explicitly stating otherwise or as otherwise expressly provided on the Website, We grant You only a limited, revocable, nonsublicenseable right and license (the “Limited License”) to download, access, and to display portions of the Content and to use the other Intellectual Property (excluding any software code) from this Website solely for Your personal, non-commercial use in connection with viewing this Website and using Our Products and Services.

This Limited License is granted to You subject to and in conjunction with the confidentiality obligations set forth in Section VII and subject to and in conjunction with laws regarding trade secrets as set forth in Section VIII. VIOLATIONS OF YOUR CONFIDENTIAL OBLIGATIONS SET FORTH IN SECTION VII, OF OUR RIGHTS IN OUR TRADE SECRETS AS EXPLAINED IN SECTION VIII, AND/OR OF THIS LIMITED LICENSE SHALL BE DEEMED BREACHES OF THIS TERMS OF USE THAT SHALL ENTITLE US TO CANCEL YOUR MEMBERSHIP AND/OR CUT-OFF YOUR ACCESS TO THE WEBSITE AND/OR TO OUR OTHER CONTENT OR MATERIALS, AND SHALL NOT ENTITLE YOU TO ANY REFUND OF ANY AMOUNT FOR PAYMENTS YOU HAVE MADE TO US REGARDLESS OF WHEN SUCH PAYMENTS WERE MADE AND REGARDLESS OF HOW MUCH OR LITTLE ACCESS TO OUR CONTENT OR OTHER MATERIALS YOU HAVE HAD.

You understand and acknowledge that Your use of Our Content in violation of this limited license, in addition to violating these Terms of Use, also may be a violation of copyright and trade secret laws, as well as laws against unfair competition and other applicable laws. Our right to cancel Your membership and/or cut-off Your access upon Your violation of the confidentiality obligations or of the Limited License are in addition to any other rights or remedies otherwise available to Us in law or equity for Your violations of any applicable laws or these Terms of Use.

In accordance with these Terms of Use, You are not permitted to download any Content, material, or Intellectual Property that You do not own or have not purchased (including, without limitation, software, text, graphics, or other Content), and, in addition, to the extent You have been granted the right to download any material or Content, You may print only single copies of pages as necessary to access and use the Website or Our Products and Services for personal, non-commercial use, provided that all downloaded material or Content shall retain all copyright, trademark, and/or other proprietary notices in the same form and in the same manner as such notices appear on the material or on the Website  

You may not redistribute, sell, de-compile, reverse engineer, disassemble, or otherwise reduce to a human-readable form any software that You are permitted to download from this Website, except as may be permitted by law.

EXCEPT ONLY AS EXPRESSLY PROVIDED WITHIN THIS AGREEMENT OR ELSEWHERE ON THIS WEBSITE, THIS WEBSITE (OR ANY DERIVATIVE WORK BASED ON IT), THE CONTENT, AND/OR ANY OTHER MATERIALS THAT ARE ACCESSIBLE THROUGH THIS WEBSITE OR THE PRODUCTS AND SERVICES MAY NOT IN ANY FORM OR BY ANY MEANS NOW KNOWN OR HEREAFTER DEVELOPED OR CREATED BE USED, REPRODUCED, DISPLAYED, DOWNLOADED, UPLOADED, PUBLISHED, REPURPOSED, POSTED, DISTRIBUTED, TRANSMITTED, RESOLD, OR OTHERWISE EXPLOITED FOR ANY COMMERCIAL PURPOSE BY YOU (OR WITH YOUR ASSISTANCE) WITHOUT OUR PRIOR EXPRESS WRITTEN CONSENT. EXCEPT ONLY AS EXPRESSLY PROVIDED WITHIN THIS AGREEMENT OR ELSEWHERE ON THIS WEBSITE, YOU MAY NOT OTHERWISE USE, REPRODUCE, MODIFY, DISTRIBUTE, TRANSMIT, POST, OR PUBLISH ANY CONTENT OR MATERIAL THAT YOU OBTAINED ON OR THROUGH THE WEBSITE OR ANY OF OUR PRODUCTS AND SERVICES (INCLUDING IN OUR CLASSES, SEMINARS, OR WORKSHOPS) WITHOUT OUR PRIOR WRITTEN CONSENT.

All rights not expressly granted to You herein and/or within this Website, including as to ownership and title, are reserved for the Company (or other owner) and are not transferred or licensed to You.
C. Accuracy of Descriptions of Products and Services
We do not absolutely guarantee the accuracy at all times of the descriptions of Products and Services on this Site, images of Products and Services, pricing, promotions, availability or other information or Content regarding the Products and Services offered on or through this Website. We have the right, at Our sole judgment and discretion, to change or amend any information or descriptions of Products and Services without notice to You. Please note that, while We try to display accurate images and descriptions of Our Products and Services, We do not guarantee that any Products and Services You purchase from this Website or otherwise from Us will look exactly as they appear on the Website or in any images We may have provided.

We reserve the right to correct any errors or inaccuracies on this Website regarding Products and Services or other Content, to change or update any information or Content and/or to cancel orders if any such information is inaccurate. If You make a purchase via this Website, We will charge Your credit card upon purchase, but, if We cancel any orders after Your credit card has been charged, We agree to promptly issue a credit to Your account in the amount charged.
For more information about purchasing products and the procedures, please see our FAQ’s or e-mail Us at [email protected].

X. Fees, Payments, and No Refund Policy
Through Our Website, We offer certain Products and Services for sale including as part of subscription packages, membership deals, or other periodic fee-based services. Please note that We comply with California Civil Code section 1789.3 and California Business and Professions Code section 17538. The relevant information in compliance with those sections regarding pricing, consumer rights complaints and consumer inquiries in compliance with those sections is set forth below in a separate section of these Terms of Use. See Section XII regarding Consumer Rights Information; California Civil Code Section 1789.3 Compliance.
1. Purchases of individual Products and Services
If You purchase individual Products or Services through this Website, You must have a valid credit card or another acceptable method of payment, such as Venmo, to complete the purchase. When You make a payment, Our Website will clearly indicate what methods We accept, and You can indicated Your choice.

The amount of the purchase will then be charged at the time You make the purchase to Your credit card or will be initiated through whatever other available method You choose at the time You make the purchase. For more about Our use of credit cards or other payment methods, See Section XIX regarding Other Information Regarding Credit Cards, Payments, Billing, and Shipping Information.
2. Subscriptions or Other Periodic Fee-Based Services
When purchasing subscriptions, memberships, or other periodic fee-based Products or Services on the Website, You will need to provide a valid credit card for billing purposes. See XIX regarding Other Information Regarding Credit Cards, Payments, Billing, and Shipping Information.
You hereby consent to providing Us such credit card information payment information and allow Us to store (or cause a third party to store on Our behalf) such payment information, and You agree to the following policies and procedures for payment of subscription, membership, or other periodic fees related to this Website and/or Our Products and Services. IF YOU DO NOT AGREE TO THE FOLLOWING POLICIES, INCLUDING OUR “NO REFUND” POLICY, YOU MUST NOT MAKE ANY PURCHASES FROM US.

1. Immediately upon Your signing up for a membership account or other periodic fee-based Products or Services on the Website, Your credit card will be charged the fees associated with the first period or term of your selected account, Products, or Services (monthly, quarterly, annual, etc., as applicable). Within 24 hours prior to the expiration of the initially selected period or term, and prior to each subsequent period or term until Your account or other periodic Product or Service is cancelled in accordance with these Terms of Use, the fees associated with Your selected account, Product, or Service for the upcoming applicable period or term will automatically be renewed, and the amount for your renewed account or service will be billed to You and charged to the same credit card You have provided to Us in accordance with the Website’s then-current pricing schedule. If the credit card associated with Your account, Product, or Service should expire or terminate, or if any payment is otherwise rejected by the issuing company, We may immediately terminate Your account, Product, or Service.

It is Your responsibility to ensure that (a) valid credit card information remains on file for Your account and for all other periodic Products or Services for purposes of payment and automatic renewal, and (b) a valid e-mail address remains on file for Your account or for any other periodic Products or Services for purposes of any communications from Us related thereto.

2. YOU UNDERSTAND AND ACKNOWLEDGE THAT ALL PAYMENTS MADE TO US IN CONNECTION WITH ANY ACCOUNT, PRODUCTS, OR SERVICES, OR ANY PAYMENTS FOR ANY RENEWALS THEREOF, ARE NON-REFUNDABLE; AND WE DO NOT OFFER, NOR ARE WE REQUIRED TO PROVIDE TO YOU ANY REFUNDS OR CREDITS FOR ANY REASON, INCLUDING, WITHOUT LIMITATION, ANY CLAIMS BY YOU ABOUT YOUR SATISFACTION OR ANY FAILURE ON YOUR PART TO CANCEL YOUR ACCOUNT, PRODUCT, OR SERVICE PRIOR TO ITS AUTOMATIC RENEWAL. THERE ARE NO CIRCUMSTANCES IN WHICH YOU ARE ENTITLED TO, OR WE ARE REQUIRED TO PROVIDE, A REFUND OR CREDIT TO YOU FOR ANY REASON, INCLUDING, WITHOUT LIMITATION, ANY CLAIMS BY YOU ABOUT YOUR SATISFACTION OR ANY FAILURE ON YOUR PART TO CANCEL YOUR ACCOUNT, PRODUCT, OR SERVICE PRIOR TO ITS AUTOMATIC RENEWAL.

3. All fees of any kind charged by Us, including in connection with any Products or Services purchased or for any account or membership, are exclusive of any taxes, levies, or duties imposed by any taxing authority, and You understand and acknowledge that you are, and that you shall be at all times, solely responsible for the payment of all such taxes, levies, or duties arising from any of Your purchases or use of this Website.

XI. Site Use and Conduct
Please note that, with respect to any Content or images that You are permitted to upload onto this Website (including, without limitation, in connection with our community forums, platforms, and chatrooms), You are solely and completely responsible for determining whether Your use of such Content or images requires the consent of any third party or the license of any additional rights for Your intended use. You must not rely solely on the information on this Website to determine whether additional rights are required for Your intended use of any Content or images. If You are unsure whether additional third-party rights are needed for Your intended use, You are responsible for consulting with competent rights management professionals, legal counsel, or other relevant individuals or entities.

Moreover, any materials that You are permitted to download from this Website pursuant to the Limited License or otherwise shall retain all copyright, trademark and/or other proprietary notices in the same form and in the same manner as such notices appear on the material or on the Website, unless You enter into an agreement with Us that explicitly states otherwise.
You may not redistribute, sell, de-compile, reverse engineer, disassemble, or otherwise reduce to a human-readable form any software that You may be permitted to download from this Website, except as may be permitted by law. 

EXCEPT ONLY AS EXPRESSLY PROVIDED WITHIN THIS WEBSITE OR AS EXPRESSLY PROVIDED WITHIN ANY AGREEMENT THAT YOU MAY ENTER INTO WITH THE COMPANY, THIS WEBSITE (OR ANY DERIVATIVE WORK BASED ON IT), ITS CONTENTS, OR ANY OTHER MATERIAL FROM THIS WEBSITE OR THAT YOU HAVE OTHERWISE RECEIVED FROM US MAY NOT IN ANY FORM OR BY ANY MEANS NOW KNOWN OR HEREAFTER DEVELOPED BE USED, REPRODUCED, DISPLAYED, DOWNLOADED, UPLOADED, PUBLISHED, REPURPOSED, POSTED, DISTRIBUTED, TRANSMITTED, RESOLD, OR OTHERWISE EXPLOITED FOR ANY COMMERCIAL PURPOSE WITHOUT OUR PRIOR EXPRESS WRITTEN CONSENT.

YOU MAY NOT OTHERWISE USE, REPRODUCE, MODIFY, DISTRIBUTE, TRANSMIT, POST, OR PUBLISH ANY CONTENT OR MATERIAL FROM THE WEBSITE OR ANY OTHER CONTENT OR MATERIALTHAT YOU HAVE RECEIVED FROM US WITHOUT OUR PRIOR WRITTEN CONSENT. ALL RIGHTS NOT EXPRESSLY GRANTED TO YOU HERE AND/OR WITHIN THIS WEBSITE, INCLUDING OWNERSHIP AND TITLE, ARE RESERVED FOR THE COMPANY (OR OTHER OWNER) AND ARE NOT TRANSFERRED OR LICENSED TO YOU.

YOU MAY USE THIS WEBSITE AND ITS SERVICES ONLY AS EXPRESSLY LICENSED, AND NOT FOR ANY PURPOSES THAT ARE UNRELATED TO PRODUCTS AND SERVICES WE OFFER AND TO YOUR BUSINESS WITH US. 

While visiting this Website, You shall not submit, post, publish, distribute or transmit: (a) material or content that is illegal, indecent, vulgar, obscene, libelous, defamatory, harmful, threatening, abusive, harassing, tortious, hateful, racially, ethnic, or otherwise objectionable, false or misleading; (b) material or content other than that which may be requested by an interactive application or tool on the Website or is otherwise relevant to Your business with Us; (c) unsolicited advertising, promotional material, or other forms of solicitation; (d) material that would infringe the intellectual property, privacy, or other rights of third parties; (e) a computer virus, worm, Trojan horse, spyware, adware, or any other element that is destructive to the Site or to any Company hardware or software accessible through the Site or its third party hosting facility; (f) a digital or manual signature, password, or other element that impersonates a Company employee, associate or affiliate, or any forged TCP/IP headers or parts of a header; or (g) material that intentionally or unintentionally violates any applicable local, state, national or international law or any regulations or rules having the force of law.

You agree to comply with all laws, rule and regulations that apply to Your use of this Website and its Services. You also agree that You and any person with access to Your Account or password will NOT, directly or indirectly, in connection with or using this Website or Services do any of the following:
Modify, adapt, translate or reverse engineer any portion of the Website or Our Products or Services or redistribute, sell, de-compile, reverse engineer, disassemble or otherwise reduce to a human-readable form software, Content, or other materials that You are permitted to download from this Website, except as may be explicitly permitted by law;
Deep link or employ any software, device, technology or algorithm to “crawl,” “scrape,” search or monitor this Website and/or retrieve or copy images or Content or related information, including, without limitation, any data mining, robots or similar data gathering or extracting methods;
Reformat, frame, manipulate or display by using any navigational technology or otherwise any portion of this Website, Our Products or Services, or any web pages that are part of any Products or Services;
Interfere with or disrupt or hack into the Website or Our Products or Services or servers or networks connected to any Products or Services, or disobey any requirements, procedures, policies or regulations of networks connected to Our Products or Services, including violating any mechanical restrictions of this Website or bypassing any other measures employed to prevent or limit access to the Website or Content by hacking or by any other means;
Copy, redirect, or exploit the Website or any images or Content on the Website;
Probe, scan, or test the vulnerability of the Website or of the provider or network supporting the Website, or seek any information about Users of the site or personal or confidential information about any Users or customers;
Use any device, technology, software, or routine that would interfere with the normal and proper functioning of the Site, or any transaction conducted on or in connection with the Site;
Disable any RMS technology or equivalent technologies or tools;
Submit or otherwise transmit any Content or other material that intentionally or unintentionally violates any applicable local, state, national or international law or any regulations or rules having the force of law;
Impersonate any person or entity, forge TCP/IP or other e-mail headers or parts of headers or other identifiers, submit or otherwise transmit a digital or manual signature, password, or other element that impersonates a Company employee, associate, or affiliate, or any other person or entity, or otherwise forge or disguise any user name or the source or quantity of e-mail or other transmissions;
Create multiple User or customer accounts in violation of this Agreement or create User or customer accounts by any automated means (unless otherwise expressly authorized under this Agreement);
Submit Content, information or other material to this Website or through its Products or Services that is abusive, libelous, defamatory, offensive, obscene, pornographic, indecent, lewd, suggestive, inflammatory, hateful, harmful, threatening, harassing, illegal, vulgar, dangerous, or tortious, or that promotes bigotry, hatred, or physical harm of any kind against any individual or group;
Interfere with the functioning of any other person’s enjoyment of this Website or any of the Products or Services;
Submit any Content or other material to this Website or through its Products or Services that infringes any intellectual property, copyright, trademark, patent, trade secret, publicity, privacy, business, contractual or fiduciary rights, or other proprietary rights of any person or entity unless the express prior consent of such person or entity has first been obtained or submit any Content or material that You do not have a right to transmit under all applicable laws or under contractual or fiduciary relationships (such as, for example, inside information, trade secrets, proprietary or confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
Submit or otherwise promote illegal or unauthorized copies of another person or entity’s copyrighted work;
Remove any copyright, trademark, or other proprietary rights and/or notices contained in or on the Website or in, on, or in connection with any Products or Services;
Submit or otherwise promote Content or information that You know is false or misleading;
Submit or otherwise promote Content or information that promotes illegal activity or that promotes conduct that is abusive, threatening, obscene, defamatory, libelous, invasive of privacy or publicity rights, or otherwise violative of a third party’s personal rights;
Use the account, username, or password of any other User at any time or disclose Your password to any other person or entity or permit any other person or entity to access Your account;
Solicit passwords or other personal identifying information from other Users for commercial or unlawful purposes;
Violate or breach this Agreement, violate any law, rule, or regulation, or encourage any third party (including any other User) to do so or to use this Website or any Products or Services in any manner that leads to a government complaint or investigation;
Further or promote any criminal activity or enterprise or provide instructional information about illegal activities, including, but not limited to, making or buying illegal weapons, promoting physical harm or injury against any group or individual, promoting any act of cruelty to animals, violating someone’s privacy, or providing or creating computer viruses, worms, logic bombs, “Trojan horses,” spyware, adware, any other file or element that is destructive to this Website or to any Products or Services or to any Company hardware or software accessible through this Website or its third party hosting facility, or any files or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
In addition to the foregoing listed activities, the following is a partial list of the kind of additional activities ad conduct that are illegal and/or prohibited on this Website:
Any criminal or tortious activity, including, without limitation, child pornography, fraud, forgery, trafficking in obscene material, drug dealing, prostitution and related solicitations, gambling, harassment, stalking, impersonating any other person or entity (including other Users or Students), spamming, spimming, sending viruses, worms or other harmful files, copyright infringement, patent infringement, other infringements of proprietary rights and intellectual property, or theft of trade secrets;
Solicitation of or advertising to any Student or User to buy or sell any products or services through this Website or through of its Services (including, without limitation, in any community platforms or forums or in chatrooms), unless You have the express permission and consent from the Company and from the User or Member;
Using any information or Content obtained from this Website or from the Products or Services to contact, advertise to, or solicit any other User or Student;
Using any information or Content obtained from this Website or from the Products or Services for any purpose other than what is expressly granted by the Limited License as set forth herein;
Covering the banner advertisements on any Website page via HTML/CSS or by any other means;
Selling or otherwise transferring or assigning your Website account without notice to Us;
Using any information learned or obtained from this Website or its Services to harass, abuse, stalk, threaten, or otherwise harm any person or entity;
Using the account, username, or password of any other Student at any time or disclosing Your password to any other person or entity or permitting any other person or entity to access Your account; or
Using the Website or any Products or Services in a manner that is inconsistent with any and all applicable laws and regulations.
The Company reserves the right to investigate and take appropriate legal action against anyone who, in Our sole judgment and discretion, violates this Agreement, including, without limitation, to remove any offending communications from the Website or its Services, to terminate the membership of violators and/or to take other similar actions and remedies. As explained above, We may, at Our discretion and in Our judgment, contact law enforcement authorities if We believe that anything unlawful is occurring or has occurred in relation to the Website. We may provide copies of any relevant images, material or other Content to the law enforcement authorities and, in that connection, We may also give them access to any personal data that is held by Us.

XII. User/Student Disputes
To the extent You have any interaction with other Users or Students, You are solely responsible for Your interactions with other Students and Users. We reserve the right, but have no obligation or responsibility, to monitor any interactions between You and any other Users or Students, including any disputes.

XIII. Material and Content Submitted By Users; Your License to Us
Under certain conditions, and pursuant to the terms and conditions of this Agreement and/or pursuant to other rules, guidelines, and agreements submitted, posted, presented, or required by the Company, Users and/or Students may be permitted to post Content to this Website or in or to Our online trading community (“User Content”). We welcome communications from Our Users and Students in the form of suggestions, feedback, comments, ideas, or any submission or transmission to Us, including any posts and communications in Our online trading community forums and platforms or chatrooms, or other User Content about the Website or the Products and Services.

All Users/Students who post User Content acknowledge and agree, subject to these Terms of Use, that Users/Students may retain any and all applicable copyright and other intellectual property rights with respect to any User Content that a User/Student creates and/or submits and/or transmits using any of the Products or Services, to the extent that the User/Student has such rights under applicable laws. 

Notwithstanding the foregoing, You understand, acknowledge and agree that, by submitting or transmitting User Content to this Website, You grant to Us – and you represent and warrant that You have the right to grant – (a) a royalty-free, worldwide, perpetual, irrevocable, non-exclusive right and license to use, reproduce, and distribute Your User Content on this Website and in connection with any of our Products or Services; (b) a royalty-free, worldwide, perpetual, irrevocable non-exclusive right and license to copy, analyze, and use any of Your User Content as We may deem necessary or desirable for any purposes, including, but not limited to, providing Products or Services, providing support services in connection with Products or Services, testing, or debugging; (c) the perpetual and irrevocable right to delete any or all of Your User Content from this Website and from Our Servers for any reason or for no reason, whether intentional or unintentional, and without any liability of any kind to You or to any other party.

In addition, You agree to grant to Us a royalty-free, worldwide, perpetual, irrevocable, non-exclusive, sublicensable right and license to exercise and utilize the copyright, publicity, database and other proprietary rights You have in Your account information, including any data or other information generated by Your account activity, in any media now known or hereafter devised, all in accordance with Our Privacy Policy.

You also understand and agree that, by submitting or transmitting Your User Content to this Website and/or to any area of the Services or in connection with any Products, You automatically grant – or You represent and warrant that the owner of such Content has expressly granted – to Us (and to all other Users of this Website and its Products or Services, to the extent such User Content is publicly posted) a royalty-free, non-exclusive, worldwide, perpetual, transferable, irrevocable right and license, under any and all rights you may have or obtain with respect to Your User Content, to use Your User Content for all purposes within this Website and its Products or Services. You further agree that You will not make any claims against the Company or against other Users of this Website or its Products or Services based upon any allegations that any activities by any of the foregoing within this Website infringe Your (or anyone else’s) intellectual property rights or any other proprietary or privacy rights.

You further understand, acknowledge, and agree that: (i) You are solely responsible for understanding all copyright, patent, trademark, trade secret and other intellectual property or other laws that may apply to your User Content hereunder; (ii) You are solely responsible for, and the Company will have no liability in connection with, the legal consequences of any actions or failures to act on Your part while using this Website or any Products or Services, including, without limitation, any legal consequences relating to Your or any other person or entity’s intellectual property rights or other proprietary or privacy rights; and (iii) the Company’s acknowledgement hereunder of Your intellectual property rights or other proprietary right in and to Your User Content does not constitute a legal opinion or legal advice, but is intended solely as an expression of the Company’s intention not to require Users of this Website to forfeit or forego certain intellectual property rights, to the extent You may have any, with respect to any User Content submitted to this Website or in connection with any Products or Services, subject to the terms of this Agreement and any other rules, guidelines or agreements submitted, posted, presented or required by the Company.

Subject to the Privacy Policy, the Company retains ownership of all User account data, regardless of any intellectual property rights in User Content. You acknowledge and agree that You do not own the account You use to access this Website or any Products or Services, nor do You, subject to the Privacy Policy, own any data the Company stores on its servers (including without limitation any data or information representing or embodying any or all of your User Content).
Your intellectual property rights in any User Content, if any, do not confer any rights of access to this Website or to any Products or Services or any rights to data stored by or on behalf of the Company.

XIV. Statements, Testimonials, or Other Content About Your Trading Performance
To the extent You post or submit to the Website (or in connection with any of Our Products or Services, including on or in connection with Our online trading community) any statements, testimonials, or other content related to Your trading performance or to Our classes, methods, methodologies, price targets and valuations, or the like, such statements, testimonials, or content are considered User Content, and are subject to the license You have granted to Us as set forth above in Section XIII. We reserve the right to use such statements, testimonials, or other content as We may deem necessary or desirable for any purposes, including, but not limited to, advertising, marketing, providing Products or Services, or providing support services in connection with Products or Services. You grant to us authorization and a right and license to use such content, testimonials, and statements, including the use of Your trading name, for any commercial purposes or otherwise, including to use as testimonials in advertising. 

Also, while We may express or utilize Your or other Students’ or Users’ testimonials or descriptions of past performances, You understand, acknowledge, and agree that such statements, content, or testimonials are not necessarily typical and are not indicative of Your or anyone else’s future results or performances, and are not any representation, warranty, or guaranty that any particular results will be obtained by You. Your results at any time may differ materially from Your past results and from those expressed or utilized by Us due to a number of factors, as discussed in the General Disclaimers Regarding Trading and Investments.

XV. The Company’s Control of Information Provided By Users and Of The Website
You understand and acknowledge that the Company is a service provider that has created this Website and the Products and Services to allow Users and Students to access and share information and to interact via this Website about subjects of their choosing regarding trading, investment strategies, stocks, and other trading, financial, and investment topics. You further understand and acknowledge that Students can alter the Content and other data and information presented to them on this Website on a real-time basis. As a general matter, the Company does not – and is unable to – regulate all the Content and other information presented on this Website, including any communications between Users or Users’ interactions with the Website’s Services or any communications in connection with Products. As a result, the Company has very little control, if any, over the quality, safety, morality, legality, truthfulness or accuracy of Content and other information provided by Students or Users. 

THE COMPANY IS NOT RESPONSIBLE OR LIABLE IN ANY MANNER FOR ANY USER CONTENT POSTED ON THIS WEBSITE OR IN CONNECTION WITH THE SERVICES. Although We provide rules for User conduct and postings, We do not – and cannot – control, and are not responsible for, what Students or Users may post, transmit, or share on this Website, nor are We responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable Content that may be on this Website or in connection with any User Content. We are not responsible for the conduct, whether online or offline, of any User of this Website or any User of the Products or Services.

XVI. Material Owned By Third Parties and Linked Content
This Website may include materials and content owned by third parties who are not Users or Students, as well as links to websites owned by third parties who are not Users or Students. Access to and use of any of this third party content or material is at Your own risk. Please exercise discretion while browsing the Internet.
You should be aware that, while you are on this Website, You could be directed to other sites that are beyond the control of the Company. There may be links to other sites from the Website’s pages that take You outside of the Website and the Products or Services. This may include links from affiliates, business partners, sponsors, Content providers, or others that may or may not use the Company’s logo(s) and/or trademark(s) as part of a co-branding or other agreement. When You leave this Site, be aware that this Website’s terms, policies, and rules no longer govern. Moreover, these other sites may send their own “cookies” to users, collect data, solicit personal information, or contain information that You may find inappropriate or offensive.

While the Company reserves the right to disable links from third party sites to this Website or vice versa, it makes no representations concerning the content of sites linked to this Website or listed or set forth anywhere within this Website. The Company makes no claim or representation regarding any information or content on such third party sites, and the Company takes no responsibility, directly or indirectly, for the accuracy or reliability of information, data, opinions, advice, statements, products, or materials, or any review, changes, or updates, on such third party sites, nor does it assume responsibility for Your reliance on or use of content, products, or other materials obtained from such sites. Such reliance is at your own risk. Moreover, the Company cannot be held responsible for the quality, accuracy, relevancy, copyright compliance, legality or decency of material contained in sites linked to this Website or listed or set forth anywhere within this Website.
The Company’s inclusion of any third party material or Content on this Website shall not be construed as Our endorsement of any third party or the third party material or content, nor does it imply affiliation or adoption by Us of any site or of any information.
No rights or license are granted to You in any of the third party material or content.
YOU AGREE TO DEFEND AND HOLD THE COMPANY HARMLESS FROM ANY LIABILITY THAT MAY RESULT FROM YOUR USE OF ANY THIRD PARTY MATERIAL OR CONTENT THAT YOU ACCESSED THROUGH OR ON THIS WEBSITE.

XVII. Privacy
In addition to these Terms of Use (including the General Disclaimers Regarding Trading and Investments), Your use of and access to this Website also are governed by the Privacy Policy. The terms and conditions of the Privacy Policy are, by this reference, included within and made part of this Agreement, as though set forth here in full.
You understand that any message, Content, or information that you send, upload or otherwise submit to this Website may be viewed or intercepted by third parties, even if there is a specific notice that the information is encrypted.
For more information on Our policies for use of Your personal and confidential information, please consult the Privacy Policy.

XVIII. Disclaimer of Warranties, Limitation of Liability, and Indemnity
You expressly agree that use of this Website and any of the Products or Services is at Your sole risk and responsibility.
THIS WEBSITE AND ALL CONTENT ON THIS WEBSITE, INCLUDING ALL PRODUCTS AND SERVICES, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT ANY GUARANTEES, WARRANTIES, OR REPRESENTATIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, REGARDING THE WEBSITE OR THE CONTENT WITHIN THE WEBSITE, AND INCLUDING THE PRODUCTS OR SERVICES. TO THE FULLEST EXTENT PERMISSIBLE BY ALL APPLICABLE LAWS, THE COMPANY (INCLUDING ANY OF OUR SUBSIDIARY, SUCCESSOR, PREDECESSOR, PARENT, JOINT VENTURE, AFFILIATE, DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, CONTENT PROVIDERS, LICENSEES, LICENSORS, AGENTS AND AFFILIATES) DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT.

THE COMPANY DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS ON THIS WEBSITE OR THE SERVERS THAT MAKE SUCH MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE COMPANY ASSUMES NO RESPONSIBILITY FOR THE UNAVAILABILITY OF THIS WEBSITE OR FOR INFORMATION PROVIDED BY OR ACTIONS OR OMISSIONS OF THIRD PARTIES. THE COMPANY DOES NOT WARRANT ANY CONTENT AVAILABLE AT OR THROUGH THE WEBSITE (AND ANY PRODUCTS OR SERVICES PURCHASED AND/OR ACCESSIBLE THROUGH THIS WEBSITE), INCLUDING SUCH CONTENT’S (OR PRODUCTS’ OR SERVICES’) CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE, AND NO SUCH CONTENT (OR PRODUCTS OR SERVICES) SHALL BEAR OR CREATE ANY WARRANTY BY THE COMPANY.

 Some jurisdictions may not permit the exclusion of limited warranties. Thus, certain disclaimers and exclusions may not apply to You, because they will not apply to the extent that a warranty is incapable of exclusion, restriction or modification under applicable law in a particular jurisdiction.

The Company is not responsible for any incorrect or inaccurate Content posted on this Website, or posted or transmitted through and Products or Services by Us or by any Users or Students, even if such incorrectness, mistakes or inaccuracies are caused by any equipment or programming associated with or utilized in the Services or in any Products or otherwise on this Website.

The Company explicitly disclaims any responsibility for the accuracy, completeness, content, or availability of information found on sites that link to or from this Site. The Company cannot ensure that You will be satisfied with any products or services that You purchase from a third party site that links to or from this Website or third party content on this Website. The Company does not endorse any merchandise except as expressly provided, nor has the Company taken any steps to confirm the accuracy or reliability of any of the information contained in such third party sites or content.

The Company does not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal or confidential information) that You may be requested to give any third party, and You hereby irrevocably waive any claim against the Company with respect to such sites and third party content. The Company strongly encourages You to make whatever investigation You feel is necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.

The Company is not responsible for the conduct, whether online or offline, of any User or Member.
The Company assumes no responsibility if this Website is unavailable or contains errors. IN CONNECTION WITH THE USE OF, OR THE INABILTY TO USE, THIS WEBSITE OR ANY MATERIALS OR FUNCTIONS ON THIS WEBSITE (INCLUDING ANY PRODUCTS OR SERVICES), THE COMPANY (INCLUDING ITS DIRECTORS, STUDENTS, EMPLOYEES, OR AGENTS) WILL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, INCIDENTAL OR SIMILAR DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOSS OF USE, LOSS OF DATA AND BUSINESS INTERRUPTION, WHETHER OR NOT THEY ARE FORESEEABLE AND WHETHER OR NOT THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER ARISING OUT OF OR RELATED TO BREACH OF EXPRESS OR IMPLIED WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, MISREPRESENTATION, STRICT LIABILITY OR OTHERWISE, INCLUDING ARISING IN ANY WAY FROM USE OF OR SERVICES OR PRODUCTS PROVIDED ON OR IN CONNECTION WITH THIS WEBSITE, THIS AGREEMENT, CONTENT ON THIS WEBSITE, OR YOUR RIGHTS UNDER ANY PROVISION OF THIS AGREEMENT, OR OTHERWISE.

IN NO EVENT SHALL THE COMPANY’S OR ITS AFFILIATES’ LIABILITY ARISING OUT OF OR RELATING TO YOUR USE OF THIS SITE (INCLUDING THE PRODUCTS OR SERVICES) OR YOUR INABILITY TO ACCESS THIS WEBSITE OR ANY OF THE CONTENT EXCEED $1,200. YOU, AND NOT THE COMPANY, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION OF YOUR EQUIPMENT, USER CONTENT, OR MATERIALS DUE TO YOUR USE OF THIS WEBSITE OR THE COMPANY’S CONTENT. THE FOREGOING EXCLUSIONS AND LIMITATIONS ON REMEDIES AND DAMAGES ARE APPLICABLE NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE.

Certain jurisdictions may limit the Company’s ability to disclaim responsibility for these damages and to limit its liability. Thus, this disclaimer and limitation of liability may not apply to You, because it will not apply to the extent that a liability is incapable of exclusion, restriction or modification under applicable law in a particular jurisdiction.

YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS THE COMPANY, ITS CONTENT SOURCES, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, SUBSIDIARIES, AFFILIATES, JOINT VENTURES, AGENTS, THIRD PARTY INFORMATION PROVIDERS, LICENSORS, AND LICENSEES, FROM AND AGAINST ALL LIABILITIES, CLAIMS, DAMAGES (INCLUDING PUNITIVE DAMAGES), JUDGMENTS, SETTLEMENTS, AND EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES AND COSTS) ARISING OUT OF OR RELATED TO YOUR USE OF THIS WEBSITE AND/OR THE PRODUCTS OR SERVICES, YOUR FAILURE TO USE THIS WEBSITE AND/OR THE PRODUCTS OR SERVICES, YOUR BREACH OR ALLEGED BREACH OF THIS AGREEMENT, OR YOUR BREACH OR ALLEGED BREACH OF THE COPYRIGHT, TRADEMARK, PROPRIETARY OR OTHER RIGHTS OF THIRD PARTIES.

XIX. Other Information Regarding Credit Cards, Payments, Billing, and Shipping Information
When You purchase Goods or Services pursuant to a transaction with the Company and/or with participating merchants, some of Our affiliates or partners, and/or with other third parties, to protect the security of Your credit card information, We employ the industry standard Secure Sockets Layer/Transport Layer Security (“SSL/TLS”) technology. When the Company or one of Our payment processing service providers requests Your credit card information or other payment information, Your credit card number or other information is encrypted as that information may be transferred between Our Website to one of payment-processing service providers or to any other participating merchants and/or if/when information about Your order is stored in any manner.

Keep in mind that Your credit card number, other payment information, billing and/or shipping information, or other required financial information, may be provided to participating merchants from whom You may purchase goods or services and/or to financial institutions pursuant to transactions with Us and/or participating merchants. The merchants are solely responsible for how they use that information and any other information they independently obtain from You or about You. Otherwise, the Company does not share credit card information, other payment information, billing or shipping information, or other financial information with anyone else. For more information, please read the Company’s Privacy Policy. 

Note that this Website may contain links to other websites. For example, if You click on a banner ad from a third party linked to Our Website or if You click on a link embedded in another Member’s User Content, You will leave Our Website and will be interacting directly with a third party website. Any information that You provide to that third party once You leave this Website, including Your credit card information, other payment information, or other personally identifiable information, is subject to the privacy policies of those third parties. We encourage You to read the privacy statement of every Website that You visit — whether linked to Our Website or otherwise — to learn how those other websites collect and use information from users.
When You purchase Goods and Services from Us, please note that You will be receiving a streaming or digital version. No physical copies of Products or other Content or materials will be shipped or provided to You.

XX. Changes/Modifications to the Website (Including as to Pricing), Communications With You, and Termination/Cancellation
Changes/Modifications; Communications With You
The Company reserves the right at any time and for any reason to change, modify, suspend, or discontinue any aspect of this Website, these Terms of Use, the material within this Website, the Privacy Policy of this Website, or any third party material posted on or linked to this Website without notice or liability to You. You acknowledge and agree that the Company may at any time and for any reason change or modify the Website, including, without limitation, the content, materials, Products, and Services offered thereby, as well as the fees, costs, and pricing associated with any of the foregoing, and including suspending or discontinuing , temporarily or permanently, any aspect of this Website, all without notice. 

Any new features that augment or enhance the then-current version of this Website, including the release of new Content, Products, or Services, or any tools, resources, or other materials, shall be subject to these Terms of Use, and may result, in Our sole discretion, to price increases. You understand and acknowledge that We shall not be liable to you, or to any third party, for any damages, costs, expenses, or other liabilities related to any modifications, price changes, suspensions, or discontinuances of this Website or to any Products or Services.

Without limiting the foregoing, You understand and acknowledge that the Company may use banner notices or similar devices to alert You to certain modifications to the Website or the pricing associated therewith. Alternatively, notice to You of any modifications may consist of an e-mail from Us to an e-mail address associated with Your account, even if We may have other contact information for You. You also agree and acknowledge that We may communicate with You through any available means, including e-mail, mobile number, telephone, or delivery services, including the postal service, about Your account or about any purchases by You, or about any Products or Services associated with the Website. 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 Website, pricing, or anything else.

Termination/Cancellation
Your account or any access to Products or Services may be terminated and cancelled, subject to the terms hereof, at any time; provided that, as set forth above, no refunds will be issued if Your account or other periodic fee-based Products or Services are cancelled prior to the end of the applicable period or term.
Thus, notwithstanding any other provision of this Agreement, We, without prior notice to You and in Our sole discretion and judgment, reserve the right to cancel, suspend, or refuse access to this Website or any of its Services to anyone, to delete Your account, and/or to terminate Your membership for any reason, including if We believe that You are under eighteen (18) years of age. Also, We reserve the right to terminate any membership and delete any account if the account has been inactive for an extended period of time. Thus, Your access to this Website and to Our Products or Services may be terminated immediately without notice to You for any reason. In particular, We may terminate Your access to this Website if, in Our sole judgment and discretion, You fail to comply with any term of these Terms of Use or anything within the Website’s Privacy Policy. 

Your account or Your use of or access to any Products or Services may be cancelled at any time by by clicking on the “Subscriptions” tab in the Dashboard, which may be accessed at and following onscreen prompts. or (ii) by requesting such cancellation in writing by e-mailing Us at [email protected] or which cancellation request must receive a confirmation of receipt from Us and which cancellation request will be processed by Us in accordance with its timelines and procedures for e-mail cancellations. Cancellation requests by telephone, facsimile or other means of communication other than through e-mail or Our Dashboard/portal, cannot, and will not, be accepted, honored or effective. 

The cancellation or termination of your account or membership will immediately result in the deactivation and deletion of Your account, the denial of access to the Website and to any Products or Services, and the forfeiture and relinquishment of all Content and information within or related to Your account or any Products or Services. No data, Content (including User Content), or information can be recovered once Your account has been cancelled, and You assume all responsibility for preserving any data, Content, or information on Your account or in connection with any Products or Services prior to the cancellation of Your account. You acknowledge and agree that We may retain data, content or information from Your account after cancellation in backup and/or archival copies of the Website and related databases, but such copies, if any, will not be available to You.

Upon termination or cancellation, You must cease use of this Website, and, subject to the terms of any specific license agreement that You may have entered into with Us on or in connection with this Website or in connection with any Products or Services, You must immediately destroy any Content or materials downloaded and/or printed from this Website or otherwise obtained from Us, and all copies thereof, whether made pursuant to the Limited License, under the terms of these Terms of Use, or otherwise, as well as any installations of materials that You have obtained from this Website or otherwise from Us.
Even after a membership is terminated or cancelled and/or account deleted, this Agreement will remain in effect.

XXI. Notice and Procedure For Making Claims Of Copyright Infringement
As set forth above, You may not post or otherwise upload, use, send, or display any copyrighted material, trademarks, or other proprietary content or materials belonging to third persons or entities unless and until You have obtained the prior written consent of the owner of such proprietary rights. We reserve the right to terminate the accounts of any Students (or disable access to this Website of any Users) who infringe the intellectual property rights of others, and, when reported through proper notification to Us by the copyright owner or the copyright owner’s legal agent or representative), it is the policy of the Company to remove Content that amounts to copyright infringement and/or to terminate the membership privileges of any Student who repeatedly infringes the copyright rights of others.
Without limiting any of the foregoing, pursuant to the Copyright Act, section 512(c)(2) of Title 17 of the United States Code, if You believe that Your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on this Website, You should notify the Site administrator of the claimed copyright infringements in accordance with the procedure set forth below.

This Website will process notices of alleged infringement that it receives and will take appropriate action as required by the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws. The DMCA requires that notification of claimed copyright infringement be sent to the designated agent. Our designated agent can be found at [email protected], and communications to the designated agent about claims of copyright infringement should include a subject line indicating that the e-mail is about copyright infringement and/or enforcement

To be effective, pursuant to the DMCA, 17 U.S.C. § 512(c)(3), the notification must be in writing, and it must contain the following information:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed or, if multiple copyrighted works at a single on-line site are covered by a single notification, a representative list of such works at that site;
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

If You fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, Your DMCA Notice may not be effective.
Please be aware that if You knowingly materially misrepresent that any User Content, material, or activity on the Website is infringing Your copyright, You may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.

XXII. Consumer Rights Information; California Civil Code Section 1789.3 Compliance
With regard to any charges for any Services, products, Content, or information, relevant pricing information will be posted as part of the ordering process for this Website, and We reserve the right to post or not post such information in these Terms of Use and/or on other relevant pages of the Website.
Pursuant to California Civil Code section 1789.3 and California Business and Professions Code section 17538, Californians have rights to the following additional information:
The mailing address, e-mail address and telephone number for The Company, Inc. and other information regarding contacting Us in connection with complaints or inquiries are:
NYJ Group of Companies:
4761 Eagle Ridge Ct, Riverside, CA
92509, USA
USA
[email protected]

You may contact Us with complaints and inquiries regarding pricing or Products or Services, and We will investigate those matters and respond to inquiries.
If any complaint with Us is not resolved to Your satisfaction, You can contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in writing at 1625 North Market Boulevard, Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210 or (916) 445-1254.

XXIII. Governing Law and Choice of Law
This Agreement, Your rights and obligations, and all actions contemplated by this Agreement shall be governed by, construed, and interpreted in accordance with the laws of the United States of America and of the State of California, regardless of any conflict of laws principles, rules, policies, or doctrines. This Agreement shall not be governed by any international laws or rules. This Agreement is deemed accepted, executed, wholly entered into and wholly performed in the County of Los Angeles, State of California, independent of Your actual state or county of residence and/or domicile. Any dispute arising out of or under or relating to this Agreement, whether at law or in equity, shall be resolved exclusively in the federal or state courts located in the County of Los Angeles, State of California, unless the parties mutually agree otherwise in writing, and You and the Company hereby irrevocably and unconditionally consent to the exclusive venue and personal jurisdiction of such courts, and waive any objections based on the doctrine of forum non conveniens.

XXIV. Compliance With Export Control Laws/Territories Where Access Is Illegal
Some software, documentation, or technical information available on or through this Website may be subject to U.S. or foreign export control laws. By accessing, downloading, or using such software, documentation, or technical information, You represent and warrant that You are in compliance with any such applicable laws and regulations. The Company makes no representation that materials on this Website are appropriate or available for use in locations outside the United States. YOU AGREE NOT TO ACCESS THE WEBSITE FROM TERRITORIES TO WHICH EXPORT IS PROHIBITED OR WHERE SUCH ACCESS IS ILLEGAL.

XXV. Miscellaneous General Provisions
This Agreement, including the General Disclaimers Regarding Trading and Investments and the Privacy Policy, information communicated to You on, by, or through the Website, and any specific license agreements that You enter into with Us on or in connection with this Website or Our Products or Services, constitutes the entire agreement between the Company and You with respect to Your use of this Website, and it supersedes all previous and contemporaneous agreements or understandings, whether oral or written, between the Company and You with respect to Your use of this Website (and use and access to the Content and the Products and Services), and, other than as expressly stated herein, it shall not be modified except in a writing signed by both parties. No action of the Company, other than the express written waiver or amendment, may be construed as a waiver or amendment of this Agreement.

If, for any reason, a court of competent jurisdiction finds any portion of any provision of the Agreement to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the Agreement, and the remainder of this Agreement shall continue in full force and effect. If any provision of this Agreement shall be found by a court of competent jurisdiction to be unlawful, void or, for any reason, unenforceable, that provision shall be deemed severable from this Agreement, and shall not affect the validity and enforceability of any remaining provisions. The parties confirm that it is their wish that this Agreement, as well as any other documents relating to this Agreement, including notices, has been and shall be written solely in the English language to be valid. All provisions of this Agreement that impose obligations continuing in their nature shall survive the termination or expiration of this Agreement, including, but not limited to, provisions for indemnity and any licenses granted by you to the Company. The failure of the Company to exercise or enforce any provisions of this Agreement shall not constitute a waiver of such right or provision.

If You have any questions, feedback, or comments regarding the Terms of Use (including any and all documents that comprise the Terms of Use, including, but not limited to, the Privacy Policy), the Website, the Services or Products offered on or through this Website, or regarding the Company, please contact Us at [email protected].
Last updated on July 23, 2023.

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