The Terms of Service and Use of TradingWalk.com (the “Terms of Service“) are hereby made effective as of Jan 1, 2017 and last updated August 29, 2019 by Trading Walk AB, a Swedish corporation (“Trading Walk” or “we” or “us” or “our“), and, without waiving or otherwise releasing any right or obligation under any prior terms of service of the use of TradingWalk.com, hereby amend and restate any such prior terms of service.
Trading Walk Site Agreement
TradingWalk.com, and all related content, materials and services (collectively, the “Site“) is an online information service provided by Trading Walk AB (“TradingWalk.com”), subject to your compliance with the terms of service set forth below. Please read this document carefully before accessing or using the Site. By accessing or using the Site, you agree to be bound by the terms of service set forth below. If you do not wish to be bound by the terms of service, you may not access or use the Site or our Services.
TradingWalk.com may modify this agreement at any time, and such modifications shall be effective immediately upon posting of the modified agreement on the Site. You agree to review the agreement periodically to be aware of such modifications and your continued access, or use of the Site shall be deemed your conclusive acceptance of the modified agreement.
In consideration of each member or customer’s (each, a “customer” or “you“) access to and use of the Site, we require every members and customer to act with integrity, to our rules for the Site, and to abide by the Terms of Service and each other rule, regulation or other policy of Trading Walk.
Copyright, Licenses and Idea Submissions
The entire contents of the Site are protected by international copyright and trademark laws. The owner of the copyrights and trademarks are TradingWalk.com, its affiliates or other third party licensors. YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE SITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE. You may print and download portions of the material from the different areas of the Site solely for your own non-commercial use provided that you agree not to change or delete any copyright or proprietary notices from the materials. You agree to grant to TradingWalk.com a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sublicense, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products and services) you submit to any public areas of the Site (such as bulletin boards, forums, and newsgroups) or by e-mail to TradingWalk.com by all means and in any media now known or hereafter developed. You also grant to TradingWalk.com the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing, and promotional material related thereto. You agree that you shall have no recourse against TradingWalk.com for any alleged or actual infringement or misappropriation of any proprietary right in your communications to TradingWalk.com.
Publications, products, content or services referenced herein or on the Site are the exclusive trademarks or service marks of TradingWalk.com. Other product and company names mentioned in the Site may be the trademarks of their respective owners.
Use of the Site
You understand that, except for information, products or services clearly identified as being supplied by TradingWalk.com, TradingWalk.com does not operate, control or endorse any information, products or services on the Internet in any way. Except for TradingWalk.com- identified information, products or services, all information, products and services offered through the Site or on the Internet generally are offered by third parties, that are not affiliated with TradingWalk.com. You also understand that TradingWalk.com cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data.
You assume total responsibility and risk for your use of the Site and the internet. TradingWalk.com provides the Site and related information “as is” and does not make any express or implied warranties, representations or endorsements whatsoever (including without limitation warranties of title or no infringement, or the implied warranties of merchantability or fitness for a particular purpose) with regard to the service, any merchandise information or service provided through the service or on the internet generally, and TradingWalk.com shall not be liable for any cost or damage arising either directly or indirectly from any such transaction. It is solely your responsibility to evaluate the accuracy, completeness, and usefulness of all opinions, advice, services, merchandise and other information provided through the service or on the internet generally. TradingWalk.com does not warrant that the service will be uninterrupted or error-free or that defects in the service will be corrected.
You understand further that the pure nature of the internet contains unedited materials some of which are sexually explicit or may be offensive to you. Your access to such materials is at your risk. TradingWalk.com has no control over and accepts no responsibility whatsoever for such materials.
Limitation of liability: In no event will TradingWalk.com be liable for (i) any incidental, consequential, or indirect damages (including, but not limited to, damages for loss of profits, business interruption, loss of programs or information, and the like) arising out of the use of or inability to use the service, or any information, or transactions provided on the service, or downloaded from the service, or any delay of such information or service. Even if TradingWalk.com or its authorized representatives have been advised of the possibility of such damages, or (ii) any claim attributable to errors, omissions, or other inaccuracies in the service and/or materials or information downloaded through the service. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. In such states, TradingWalk.com liability is limited to the greatest extent permitted by law. TradingWalk.com makes no representations whatsoever about any other Site which you may access through this one or which may link to this Site. When you access a non- TradingWalk.com Site, please understand that it is independent from TradingWalk.com, and that TradingWalk.com has no control over the content on that Site. In addition, a link to a TradingWalk.com Site does not mean that TradingWalk.com endorses or accepts any responsibility for the content, or the use, of such Site.
Without limiting the generality of the foregoing or any other provision hereof, you acknowledge and agree, as follows:
That the content, materials, services and other intellectual property contained or embodied in the Site are owned by Trading Walk and are protected by patent, copyright, trademark and other similar laws;
Not to promote, offer for sale or sell any product or service, including, without limitation, any financial or investment product, security or service, or any contest or promotion;
Not to transmit, send or otherwise post unauthorized commercial communications (such as spam), or other similar materials or advertisements, using the Site;
Not to access the Site using any automated means, including, without limitation, harvesting bots, robots, spiders, or scrapers;
Not to engage in multi-level marketing using the Site, including, without limitation, pyramid schemes and similar marketing concepts;
Not to upload, use or disseminate viruses or other malicious code or other abusive scripts or processes;
Not to solicit login, account or other personal information of another person or request or obtain access to an account of another person;
Not to bully, intimidate, or harass any person;
Not to post content that is hateful, threatening, or pornographic, incites violence, or contains nudity, graphic material, gratuitous violence or anything else found to be objectionable by Trading Walk in its sole discretion;
Not to use the Site in any manner that is, or could reasonably be construed to be, unlawful, including, without limitation, in violation of any law, rule or regulation related to securities or investments, or any rules or regulations promulgated by the U.S. Securities and Exchange Commission, and/or rules of any national or other securities exchange and any regulations or other pronouncements having the force of law;
Not to use the Site in any manner that is, or could reasonably be construed to be, in violation of the Terms of Service, fraudulent, misleading, malicious or discriminatory;
Not to take any action that could disable, overburden, or impair the operation or availability of the Site, such as a denial of service attack;
Not to engage in manipulative practices designed to obfuscate the true intent of your submissions to the Site, or to artificially generate traffic to another website;
Not to facilitate or encourage any violations of the Terms of Service;
Not to post or make any defamatory, disparaging or false statements, claims or allegations related to the Site, Trading Walk, or any other product or service of Trading Walk;
Not to make your account or any portion thereof or the services provided thereby available to the general public or any portion thereof;
Not to issue chargeback disputes against Trading Walk.
Not to use patented, copyrighted, trademarked or other protected intellectual property without the written consent and authorization of the owner of such property;
Not to copy, distribute or disseminate the Site or any portion thereof, and not to transfer the Site, or any portion thereof, to another person or “mirror” the Site, or any portion thereof, on any other server;
Not to decompile or reverse engineer, or attempt to decompile or reverse engineer, the Site or any portion thereof; and
Not to take any other action that could result in any damage or disruption to the Site, or that could otherwise result in any liability, damages, costs or expenses on the part of Trading Walk.
Not to share personal information with members, or request personal information from members.
All content, materials and services related to the Site shall be solely used for, and you hereby agree to solely use it for, your own personal use in connection with your trading activities, and for no other use.
Violating any of the aforementioned will result in immediate removal from Trading Walk.
You agree to indemnify, defend and hold harmless TradingWalk.com, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Service from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this Agreement (including negligent or wrongful conduct) by you or any other person accessing the Service.
Third Party Rights
The provisions of paragraphs (Use of the Site), and (Indemnification) are for the benefit of TradingWalk.com and its officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the Service. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
This Agreement may be terminated by either party without notice at any time for any reason. The provisions of paragraphs (Copyright, Licenses and Idea Submissions), (Use of the Site), (Indemnification), (Third Party Rights) and (Miscellaneous) shall survive any termination of this Agreement. Trading Walk may terminate your account, delete your profile and any User Content that you have posted on the Service and/or prohibit you from using or accessing the Service for any reason, or no reason, at any time in its sole discretion, with or without notice, including if it believes that you are under 18.
Trading Walk reserves the right to investigate violations of any of the Terms and Service or any other policies of Trading Walk or the Site, or any other violations of any state, federal or local law, rule or regulation, and to pursue any remedy available to Trading Walk whether at law, in equity or otherwise. You hereby acknowledge and agree that Trading Walk may notify, involve and cooperate with law enforcement authorities in investigating and prosecuting users who violate the Terms of Service or any other policies of Trading Walk or the Site, and any other violations of any state, federal or local laws, rules or regulations. You further acknowledge and agree that Trading Walk has no obligation to, and does not, screen or monitor any users, information, materials or other content provided or made available through the Site, but has the right to do so at any time in its sole discretion. You further acknowledge and agree that Trading Walk may, in its sole discretion, remove or delete any entries, information, materials or other content, and terminate the subscription, membership or account (collectively, your “account”) of any user, that violates the Terms of Service or otherwise posts, submits, or disseminates content that Trading Walk finds, in its sole discretion, to be objectionable.
You acknowledge and agree that Trading Walk may, in its sole discretion, cancel, suspend or terminate your account if you breach the Terms of Service. Trading Walk may refuse, in its sole discretion, to permit any use of the Site, and may refuse to permit any person to access or use the Site or your account for any reason at any time.
Purchases and Refunds
Through the Site, Trading Walk offers both individual products for sale and subscription, membership or other periodic fee-based services. For individual products purchased through the Site, a valid credit card will be required to complete the purchase and the amount of the purchase will be charged to the credit card concurrently with the completion of the purchase on the Site. When you purchase an individual product, you will receive a streaming or digital version; no physical copies of products or other materials will be shipped or provided to you.
When purchasing subscription, membership or other periodic fee-based services on the Site, a valid credit card will be required for billing purposes. You hereby consent to, acknowledge and allow Trading Walk to store (or cause a third party to store on behalf of Trading Walk) such payment information and agree to the following policies and procedures for payment of subscription, membership or other periodic fees related to the Site.
Immediately upon signing up for an account or other periodic fee-based services on the Site, the fees associated with the first period or term of your selected account or service (monthly, quarterly, annual, as applicable) will be charged to such credit card. Within ten (10) business days prior to the expiration of the initially selected period or term, and each subsequent such period or term until your account or other periodic service is cancelled in accordance with these Terms of Service, the fees associated with your selected account or service for the following applicable period or term will be automatically renewed, and an amount for your renewed account or service will be billed and charged to such credit card by Trading Walk in accordance with the Site’s then-current pricing schedule. If the credit card associated with your account or service should expire, terminate or any payment is otherwise rejected by the issuing company, Trading Walk may immediately terminate your account or service. It is solely your responsibility to ensure (1) that valid credit card information remains on file for your account or service and the automatic renewal thereof, and (2) that a valid email address remains on file for your account or service for any communications from Trading Walk related thereto.
All payments made to Trading Walk in connection with any product purchased or account or service, and any renewal thereof, are non-refundable; and Trading Walk does not offer, and is not required to provide, any refunds or credits for any reason, including, without limitation, satisfaction or your failure to cancel your account or service prior to its automatic renewal. There is no circumstance in which you will be entitled to, or Trading Walk is required to provide, a refund or credit for any reason, including, without limitation, satisfaction or your failure to cancel your account or service prior to its automatic renewal.
All fees charged by Trading Walk in connection with any product purchased or account or service of the Site are exclusive of any taxes, levies, or duties imposed by any taxing authority, and you shall be, and hereby are, responsible for the payment of all such taxes, levies, or duties arising from your purchase of products or use of the Site.
Modifications to the Site and Pricing
Trading Walk reserves the right to, and you acknowledge and agree that Trading Walk may, modify the Site, including without limitation the content, materials and services offered thereby, and the fees, costs and pricing associated with the Site at any time and without notice. Without limiting the generality of the foregoing, Trading Walk reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site (or any part or portion thereof) without notice. Any new features that augment or enhance the then-current version of the Site, including the release of new tools and resources, shall be subject to the Terms of Service and may result, in Trading Walk’s sole discretion, to a price increase. Trading Walk shall not be liable to you, or to any third party, for any damages, costs, expenses or other liabilities related to any modification, price change, suspension or discontinuance of the Site.
Without limiting the foregoing, Trading Walk may use banner notices or similar devices to alert you to certain modifications to the Site or the pricing associated therewith. Alternatively, notice may consist of an email from Trading Walk or the Site to an email address associated with your account or service, even if we have other contact information. You also agree that Trading Walk may communicate with you through any available means including email, mobile number, telephone, or delivery services, including the postal service, about your account or service or any products or services associated with the Site. You acknowledge and agree that we shall have no liability associated with or arising from your failure to maintain accurate contact or other information, including, but not limited to, your failure to receive critical information about the Site or pricing.
Your account or service may be 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 service is cancelled prior to the end of the applicable period or term.
When you cancel, you are solely responsible for properly canceling your account or service. Your account or service may be cancelled at any time by requesting such cancellation in writing by email to email@example.com, which cancellation request must receive a confirmation of receipt from Trading Walk and which cancellation will be processed by Trading Walk in accordance with its timelines and procedures for email cancellations. Cancellation requests by telephone or other means of communication cannot, and will not, be accepted, honored or effective. The cancellation of your account or service will immediately result in the deactivation and deletion of your account or service, the denial of access to the Site and the forfeiture and relinquishment of all content and information within or related to your account or service. No data, content or information can be recovered once your account or service is cancelled, and you assume all responsibility for preserving any data, content or information on your account or service prior to its cancellation. Trading Walk may retain data, content or information from your account after cancellation in backup and/or archival copies of the Site and related databases, but such copies, if any, will not be available to you.
In accordance with 16 CFR Part 255 and Federal Trade Commission Guidelines concerning use of endorsements and testimonials in marketing and advertising, please be aware of the following:
Endorsements, testimonials or descriptions of past performance from other customers or members are based upon their individual experiences and results with the Site, and the products and services of Trading Walk. These results and performances are not typical, and you should not expect to achieve the same or similar results or performance, and your results and performance are likely to vary or differ materially. The endorsements, testimonials or descriptions of past performance are individual experiences, reflecting real life experiences of customers or members, and are not representative of the results and performances of all customers and members.
Endorsements, testimonials or descriptions of past performance appearing on the Site were received via text, audio or video submission from customers or members. The endorsements, testimonials or descriptions of past performance (text, audio and/or video) are verbatim except for correction of grammatical or typing errors and editing for length. In other words, not the whole message received by the customer or member may be displayed, when it seemed lengthy or not all content seemed relevant for the general public. No endorsements, testimonials or descriptions of customers or members that appear on the Site involved payment or compensation therefor.
Any cause of action or claim you may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. TradingWalk.com ‘s failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. TradingWalk.com may assign its rights and duties under this Agreement to any party at any time without notice to you.
Any rights not expressly granted herein are reserved.