TERMS OF USE
THIS WEBSITE REQUIRES CONSIDERATION FOR AND AS A
CONDITION OF ALLOWING YOU ACCESS.
READING AND ACCEPTING THE TERMS OF USE AND READING
AND ACCEPTING THE PROVISIONS OF THE PRIVACY POLICY
OF THIS WEBSITE ARE REQUIRED CONSIDERATIONS FOR THE
WEBSITE GRANTING YOU THE RIGHT TO VISIT, READ OR
INTERACT WITH IT.
ALL PERSONS ARE DENIED ACCESS TO THIS SITE UNLESS
THEY READ AND ACCEPT THE TERMS OF USE AND THE
PRIVACY POLICY.
BY VIEWING, VISITING, USING, OR INTERACTING WITH
THIS WEBSITE OR WITH ANY BANNER, POP-UP, OR
ADVERTISING THAT APPEARS ON IT, YOU ARE AGREEING TO
ALL THE PROVISIONS OF THIS TERMS OF USE POLICY AND
THE PRIVACY POLICY OF THIS WEBSITE.
ALL PERSONS UNDER THE AGE OF 18 ARE DENIED ACCESS TO
THIS WEBSITE. IF YOU ARE UNDER 18 YEARS OF AGE, IT
IS UNLAWFUL FOR YOU TO VISIT, READ, OR INTERACT WITH
THIS WEBSITE OR ITS CONTENTS IN ANY MANNER. THIS
WEBSITE SPECIFICALLY DENIES ACCESS TO ANY INDIVIDUAL
THAT IS COVERED BY THE CHILD ONLINE PRIVACY ACT (COPA)
OF 1998.
THIS WEBSITE RESERVES THE RIGHT TO DENY ACCESS TO
ANY PERSON OR VIEWER FOR ANY REASON. UNDER THE TERMS
OF THE PRIVACY POLICY, WHICH YOU ACCEPT AS A
CONDITION FOR VIEWING, THE WEBSITE IS ALLOWED TO
COLLECT AND STORE DATA AND INFORMATION FOR THE
PURPOSE OF EXCLUSION AND FOR MANY OTHER USES.
THE TERMS OF USE AGREEMENT MAY CHANGE FROM TIME TO
TIME. VISITORS HAVE AN AFFIRMATIVE DUTY, AS PART OF
THE CONSIDERATION FOR PERMISSION TO VIEW THIS
WEBSITE, TO KEEP THEMSELVES INFORMED OF CHANGES.
PARTIES TO THE TERMS OF USE AGREEMENT
Visitors, viewers, users, subscribers, members,
affiliates, or customers, collectively referred to
herein as "Visitors," are parties to this agreement.
The website and its owners and/or operators are
parties to this agreement, herein referred to as
"Website."
USE OF INFORMATION FROM THIS WEBSITE
Unless you have entered into an express written
contract with this website to the contrary,
visitors, viewers, subscribers, members, affiliates,
or customers have no right to use this information
in a commercial or public setting; they have no
right to broadcast it, copy it, save it, print it,
sell it, or publish any portions of the content of
this website. By viewing the contents of this
website you agree this condition of viewing and you
acknowledge that any unauthorized use is unlawful
and may subject you to civil or criminal penalties.
Again, Visitor has no rights whatsoever to use the
content of, or portions thereof, including its
databases, invisible pages, linked pages, underlying
code, or other intellectual property the site may
contain, for any reason for any use whatsoever.
Nothing. Visitor agrees to liquidated damages in the
amount of U.S.$100,000 in addition to costs and
actual damages for breach of this provision. Visitor
warrants that he or she understands that accepting
this provision is a condition of viewing and that
viewing constitutes acceptance.
OWNERSHIP OF WEBSITE OR RIGHT TO USE, SELL,
PUBLISH CONTENTS OF THIS WEBSITE
The website and its contents are owned or licensed
by the website. Material contained on the website
must be presumed to be proprietary and copyrighted.
Visitors have no rights whatsoever in the site
content. Use of website content for any reason is
unlawful unless it is done with express contract or
permission of the website.
HYPERLINKING TO SITE, CO-BRANDING, "FRAMING" AND
REFERENCING SITE PROHIBITED
Unless expressly authorized by website, no one may
hyperlink this site, or portions thereof,
(including, but not limited to, logotypes,
trademarks, branding or copyrighted material) to
theirs for any reason. Further, you are not allowed
to reference the url (website address) of this
website in any commercial or non-commercial media
without express permission, nor are you allowed to
'frame' the site. You specifically agree to
cooperate with the Website to remove or de-activate
any such activities and be liable for all damages.
You hereby agree to liquidated damages of
US$100,000.00 plus costs and actual damages for
violating this provision.
DISCLAIMER FOR CONTENTS OF SITE
The website disclaims any responsibility for the
accuracy of the content of this website. Visitors
assume the all risk of viewing, reading, using, or
relying upon this information. Unless you have
otherwise formed an express contract to the contrary
with the website, you have no right to rely on any
information contained herein as accurate. The
website makes no such warranty.
DISCLAIMER FOR HARM CAUSED TO YOUR COMPUTER OR
SOFTWARE FROM INTERACTING WITH THIS WEBSITE OR ITS
CONTENTS. VISITOR ASSUMES ALL RISK OF VIRUSES,
WORMS, OR OTHER CORRUPTING FACTORS.
The website assumes no responsibility for damage to
computers or software of the visitor or any person
the visitor subsequently communicates with from
corrupting code or data that is inadvertently passed
to the visitor's computer. Again, visitor views and
interacts with this site, or banners or pop-ups or
advertising displayed thereon, at his own risk.
DISCLAIMER FOR HARM CAUSED BY DOWNLOADS
Visitor downloads information from this site at this
own risk. Website makes no warranty that downloads
are free of corrupting computer codes, including,
but not limited to, viruses and worms.
REGISTRATION
To obtain full access to the Website and use our
Services, Visitors are required to become a Paid
User and register and select a password and user
name. If you register, you must provide accurate and
complete registration information and keep this
information up to date. Failure to do so shall
constitute a breach of the Terms, which may result
in immediate termination of your account. You may
not: (i) enter, select or use a false name or an
email address owned or controlled by another person
with the intent to impersonate that person; (ii) use
as a user ID an email address subject to any rights
of a person other than yourself without appropriate
authorization; or (iii) create more than one paid
account per person. TheStockBanditUniversity.com
reserves the right to refuse registration or cancel
a user ID in its discretion. You shall be
responsible for maintaining the confidentiality of
your password and are fully responsible for all
activities that occur under your user ID and
password. You agree to (i) immediately notify
TheStockBanditUniversity.com of any unauthorized use
of your user ID or password, and (ii) ensure that
you exit from your account at the end of each
session.
ELIGIBILITY
By using the Website you represent and warrant that
you have the right, authority, and capacity to enter
into this agreement with
TheStockBanditUniversity.com (the “Agreement”) on
the conditions as set forth in these Terms.
FEES
TheStockBanditUniversity.com reserves the right to
change its fees from time to time at its sole
discretion. All fees are exclusive of V.A.T and
other levies imposed, if any. Payments are
refundable only within the first 7 days of
registration, after which they become nonrefundable
and final. However, if during a calendar month the
Website and our Services are not fully operational
for at least 99% of the time, due to a cause
attributable to TheStockBanditUniversity.com,
TheStockBanditUniversity.com will extend membership
for that length of time at the User’s
request, WHICH WILL BE THE ONLY REMEDY AND
OBLIGATION OF TheStockBanditUniversity.com IN
CONNECTION TO SUCH EVENT.
USER AND
VISITOR RESTRICTIONS
You agree that you shall not, nor will you enable
and/or allow third parties – to: (i) copy, modify,
translate, or reverse engineer any portion of the
Website; (ii) remove any copyright, trademark or
other proprietary rights notices on the Website or
on any material accessed via the Website; (iii) use
any robot, spider, other automated device, or manual
process to monitor or copy the Website or parts
thereof; (iv) collect any information about other
Users or Visitors (including user names and/or email
addresses); (v) reformat or frame any portion of the
web pages that are part of the Website, (vi) create
user accounts by automated means or under false or
fraudulent pretenses; (vii) create or transmit
unwanted electronic communications such as "spam" to
other Users or Visitors, or otherwise interfere with
other Users or Visitors’ enjoyment of the Website;
(viii) transmit any viruses, worms, defects, Trojan
horses or other items of a destructive nature; (ix)
use the Website to violate the security of any
computer network, crack passwords or security
encryption codes, upload, transfer or store illegal
material including material that can be deemed
threatening or obscene; (x) copy or store any
Content offered on the Website for other than your
own use, unless it is your own content; (xi) use any
device, software or routine that interferes with the
proper working of the Website, or otherwise attempt
to interfere with the proper working of the Website;
(xii) take any action that imposes, or may impose in
our sole discretion, an unreasonable or
disproportionately large load on our IT
infrastructure; (xiii) use the Website,
intentionally or unintentionally, to violate any
applicable local, state, national or international
law; or (xiv) collect or store personal data about
other Users or Visitors, unless such data is
provided by TheStockBanditUniversity.com.
TheStockBanditUniversity.com may impose limits on
certain features or services or restrict your access
to parts or all of the Website, without notice.
CONTENT
You are solely responsible for any Content and other
material that you upload, submit, publish or display
via our Website and Services. You may not: (i) post,
distribute, or reproduce in any way any copyrighted
material, trademarks, or other proprietary
information without obtaining the prior written
consent of the owner of such proprietary rights;
(ii) submit any Content or material that infringes,
misappropriates or violates the intellectual
property, publicity, privacy or other rights of any
party; (iii) provide any Content that falsely
express or imply that such Content or material is
sponsored or endorsed by
TheStockBanditUniversity.com; (iv) provide any
Content that is unlawful or that promotes or
encourages illegal activity. You understand and
agree that TheStockBanditUniversity.com may review
and delete any Content that in the sole judgment of
TheStockBanditUniversity.com violates the Terms or
which might be offensive, illegal, inappropriate, or
that might violate the rights of, harm, or threaten
the safety of others. You agree that you will only
provide Content that you believe to be true and you
will not purposely provide false or misleading
information. By uploading Content onto the Website,
you agree to and hereby do grant, and you represent
and warrant that you have the right to grant,
TheStockBanditUniversity.com a royalty-free, fully
paid up, worldwide license to use the Content to
perform the Services. You may not post Content that:
(i) is false or intentionally misleading; (ii) is
patently offensive to third parties, such as Content
or messages that promotes racism, bigotry, hatred or
physical harm of any kind against any group or
individual; (iii) harasses or advocates harassment
of another person; (iv) involves the transmission of
unsolicited mass mailing or "spamming"; (v) violates
the intellectual property or other proprietary
rights of any person; (vi) promotes illegal
activities or conduct that is abusive; (vii) is
threatening, obscene, defamatory or libelous; (viii)
is pornographic or sexually explicit in nature.
TheStockBanditUniversity.com reserves the right to
investigate and take appropriate legal action in its
sole discretion against anyone who violates the
Terms, including without limitation, removing
illegal, offending and/or inappropriate
communication and Content from the Website and
terminating accounts of such violators or blocking
your use of the Website.
CHANGES TO
THE AGREEMENT OR WEB SITE
You agree and understand that the Terms and the
Website may be modified by
TheStockBanditUniversity.com at any time without
prior notice, and such modifications will be
effective upon TheStockBanditUniversity.com’s
posting of the new terms and/or upon implementation
of the new changes on the Website. It is the sole
responsibility of the Users and Visitors to review
the Terms periodically to become familiar with any
modifications. Your continued use of the Website
after any modifications indicates your acceptance of
the modified Terms. Unless expressly stated
otherwise by TheStockBanditUniversity.com, any new
features, new services, enhancements or
modifications to the Website implemented after your
initial access, shall be subject to the Terms. In an
effort to preserve the continuity of the Website and
the Services, TheStockBanditUniversity.com will not
be responsible for correcting errors, providing
services or keeping links and downloads up to date
for more than one (1) year after an update or
upgrade has been introduced or released.
OWNERSHIP
Content and other elements comprising the Website
may be works protected by copyright. You acknowledge
that any underlying technology or software used in
connection with the Website contains
TheStockBanditUniversity.com's proprietary
information. You may not modify, reproduce,
distribute, create derivative works of, publicly
display or in any way exploit, any of the software,
and/or materials available on the Website in whole
or in part except as expressly provided in the
Terms.
COPYRIGHT
POLICY
TheStockBanditUniversity.com will respond to notices
of alleged copyright infringement in accordance with
the Digital Millennium Copyright Act or DMCA. The
address of TheStockBanditUniversity.com's designated
agent to receive notification of claimed
infringement is: Jeff White, TheStockBandit
University, 1224 N. Hwy 377, Suite 303-240, Roanoke, TX 76262.
DISCLAIMER OF
WARRANTIES
THE WEBSITE, INCLUDING ALL CONTENT, SOFTWARE,
FUNCTIONS, MATERIALS, SERVICES, AND INFORMATION
AVAILABLE ON OR ACCESSED BY MEANS THEREOF, IS
PROVIDED “AS IS”. TO THE FULLEST EXTENT PERMISSIBLE
BY LAW, TheStockBanditUniversity.com MAKES NO
REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER
FOR (1) THE CURRENCY, ACCURACY, OR COMPLETENESS OF
ANY INFORMATION AVAILABLE BY MEANS OF THE WEBSITE,
(2) FOR ANY INFORMATION PROVIDED BY THIRD PARTIES
AND ACCESSIBLE ON OR THROUGH THE WEBSITE, (3) FOR
ANY “VIRUSES” OR MALICIOUS COMPUTER CODE TRANSMITTED
ON OR THROUGH THE WEBSITE, OR (4) FOR ANY BREACH OF
SECURITY OR UNAUTHORIZED ACCESS TO THE WEBSITE OR
YOUR INFORMATION. TheStockBanditUniversity.com
DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES,
INCLUDING WITHOUT LIMITATION, NON-INFRINGEMENT,
MERCHANTABILITY, AND FITNESS FOR A PARTICULAR
PURPOSE. TheStockBanditUniversity.com DOES NOT
WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEBSITE
OR ANY SERVICES OR CONTENT THEREIN WILL BE
UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE
CORRECTED, OR THAT THE WEBSITE, THE SERVER ON WHICH
IT IS MADE AVAILABLE, OR ANY CONNECTED SYSTEM IS
FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
TheStockBanditUniversity.com IS NOT RESPONSIBLE FOR
THE CONDUCT OF ANY USER OR VISITOR OF THE WEBSITE.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN,
OBTAINED BY ANY USER OR VISITOR OF THE WEBSITE SHALL
CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
LIMITATION OF
LIABILITY
USE OF THE WEBSITE AND OUR SERVICES IS AT YOUR OWN
RISK. YOU ASSUME FULL RESPONSIBILITY AND RISK OF
LOSS RESULTING FROM YOUR DOWNLOADING, UPLOADING, USE
OF, OR ACCESS TO DATA, FILES, INFORMATION, CONTENT,
OR OTHER MATERIAL (INCLUDING WITHOUT LIMITATION
SOFTWARE) ON OR THROUGH THE WEBSITE AND OUR
SERVICES. EXCEPT TO THE EXTENT THAT LIABILITY UNDER
ANY APPLICABLE LAW OR REGULATION CANNOT BE EXCLUDED,
TheStockBanditUniversity.com IS NOT LIABLE FOR LOSS
OR DAMAGE OF ANY KIND WHATSOEVER ARISING AS A RESULT
OF (1) INFORMATION EXPRESSLY OR IMPLIEDLY PUBLISHED
ON THE WEBSITE, OR (2) ANY ERRORS IN OR OMISSIONS
FROM THIS WEBSITE. UNDER NO CIRCUMSTANCES SHALL
TheStockBanditUniversity.com BE LIABLE FOR ANY
DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT,
PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT ARE
DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE
INABILITY TO USE, THE WEBSITE AND OR SERVICES, EVEN
IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR
SUCH DAMAGES WERE FORESEEABLE. SOME JURISDICTIONS DO
NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL
OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR
EXCLUSION MAY NOT APPLY TO YOU. NOTWITHSTANDING
ANYTHING TO THE CONTRARY CONTAINED HEREIN,
TheStockBanditUniversity.com's MAXIMUM AGGREGATE
LIABILITY TO YOU FOR ANY CAUSES WHATSOEVER, AND
REGARDLESS OF THE FORM OF ACTION, WILL AT ALL TIMES
BE LIMITED TO THE LESSOR OF (i) THE AMOUNT PAID BY
YOU TO TheStockBanditUniversity.com FOR THE USE OF
THE WEBSITE AND OUR SERVICES IN THE MONTH PRIOR TO
THE ACTION GIVING RISE TO LIABILITY OR (ii) $897.
INDEMNITY
You agree to indemnify, defend, and hold
TheStockBanditUniversity.com, TheStockBandit, Inc., its parents,
subsidiaries, affiliates, officers and employees,
harmless, including costs and attorneys' fees, from
any claim or demand made by any third party due to
or arising out of (i) your access to, and/or use of,
the Website and our Services, (ii) the violation of
these Terms by you, or (iii) the infringement by
you, or any third party using your account or user
name or password, of any intellectual property or
other right of any person or entity.
MISCELLANEOUS
All notices hereunder shall be given in writing to
TheStockBanditUniversity.com at 1224 N. Hwy 377,
Suite 303-240, Roanoke, TX 76262 or to such other address as TheStockBanditUniversity.com may request. Neither
this Agreement nor any portion hereof shall be
assigned, sublicensed or otherwise (including by
operation of law) transferred by Users or Visitors
without TheStockBanditUniversity.com’s prior written
consent. Failure of TheStockBanditUniversity.com to
enforce any provision of this Agreement shall not
constitute or be construed as a waiver of such
provision or of the right to enforce such provision.
This Agreement contains the entire agreement between
the parties hereto with respect to the matters
contained herein. If any term or provision of this
Agreement or any application thereof shall be
invalid, illegal or unenforceable, the remainder of
this Agreement and any other application thereof
shall not be affected thereby. This Agreement shall
be governed by and construed in accordance with the
laws of the state of Indiana, without regard to
conflict of law principles thereof. The exclusive
forum for any disputes arising out of or related to
this Agreement shall be an appropriate Federal court
situated in Guadalupe County in the State of Texas.
YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR
RELATED TO THE WEBSITE AND OUR SERVICES MUST
COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF
ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS
PERMANENTLY BARRED.
SUBMISSIONS
Visitor agrees as a condition of viewing, that any
communication between Visitor and Website is deemed
a submission. All submissions, including portions
thereof, graphics contained thereon, or any of the
content of the submission, shall become the
exclusive property of the Website and may be used,
without further permission, for commercial use
without additional consideration of any kind.
Visitor agrees to only communicate that information
to the Website, which it wishes to forever allow the
Website to use in any manner as it sees fit.
"Submissions" is also a provision of the Privacy
Policy.
NOTICE
No additional notice of any kind for any reason is
due Visitor and Visitor expressly warrants an
understanding that the right to notice is waived as
a condition for permission to view or interact with
the website.
DISPUTES
As part of the consideration that the Website
requires for viewing, using or interacting with this
website, Visitor agrees to use binding arbitration
for any claim, dispute, or controversy ("CLAIM") of
any kind (whether in contract, tort or otherwise)
arising out of or relating to this purchase, this
product, including solicitation issues, privacy
issues, and terms of use issues.
Arbitration shall be conducted pursuant to the rules
of the American Arbitration Association which are in
effect on the date a dispute is submitted to the
American Arbitration Association. Information about
the American Arbitration Association, its rules, and
its forms are available from the American
Arbitration Association, 335 Madison Avenue, Floor
10, New York, New York, 10017-4605. Hearing will
take place in the city or county of the Seller.
In no case shall the viewer, visitor, member,
subscriber or customer have the right to go to court
or have a jury trial. Viewer, visitor, member,
subscriber or customer will not have the right to
engage in pre-trial discovery except as provided in
the rules; you will not have the right to
participate as a representative or member of any
class of claimants pertaining to any claim subject
to arbitration; the arbitrator's decision will be
final and binding with limited rights of appeal.
The prevailing party shall be reimbursed by the
other party for any and all costs associated with
the dispute arbitration, including attorney fees,
collection fees, investigation fees, travel
expenses.
JURISDICTION AND VENUE
If any matter concerning this purchase shall be
brought before a court of law, pre- or
post-arbitration, Viewer, visitor, member,
subscriber or customer agrees to that the sole and
proper jurisdiction to be the state and city
declared in the contact information of the web owner
unless otherwise here specified. Denton County -
Texas. In the event that litigation is in a federal
court, the proper court shall be the closest federal
court to the Seller's address.
APPLICABLE LAW
Viewer, visitor, member, subscriber or customer
agrees that the applicable law to be applied shall,
in all cases, be that of the state of the Seller.
CONTACT INFORMATION
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