By clicking “I AGREE” and/or using or accessing the website located at theseidenstrategies.com (“the Site”), you agree, (a) that you have received, read and understood these Terms and Conditions, and that these Terms and Conditions create a valid and binding agreement between you (“User,” “You” or “Your”) and TS Services LLC an Illinois limited liability company doing business as (The Seiden Strategies”), enforceable against You in accordance with the terms listed, (b) to be bound by these Terms and Conditions, and any terms, conditions or other rules, regulations or policies of The Seiden Strategies, as each may be amended or supplemented from time to time at our sole discretion without notice, and (c) that Your use of the Site shall comply with all applicable federal, state and local laws, rules or regulations, and that You are solely responsible for Your compliance with, familiarity with and understanding of any such laws, rules or regulations applicable to Your use of the Site. You should visit this web page periodically to review these Terms and Conditions. If you do not agree with any portion of these Terms and Conditions, you are prohibited from using or accessing the Site.
1. User Representations and Warranties
- By using or accessing the Site, You represent and warrant that You: (a) are not currently restricted from using the Site, or not otherwise prohibited from having an account with us, (b) are not a competitor of The Seiden Strategies, or engaged in any business or activity, directly or indirectly, that could be competitive with the business or activities of The Seiden Strategies, and are not using the Site for any reason that may be in competition with the Site or any other product or service offered by The Seiden Strategies, (c) have full power and authority to enter into and perform these Terms and Conditions, and doing so will not violate any other agreement to which You are a party, (d) will not violate any rights of The Seiden Strategies, including, without limitation, intellectual property rights such as patent, copyright or trademark rights, and (e) agree to provide, operate and maintain, at Your sole risk, cost and expense, all equipment, software, and internet access necessary to use the Site.
- Without limiting the generality of the foregoing or any other provision hereof, You acknowledge and agree:
i. That the content, data, materials, services, information, and other intellectual property contained or embodied in the Site are owned by The Seiden Strategies and are protected by patent, copyright, trademark and other similar laws;
ii. 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 on the Site;
iii. Not to transmit, send or otherwise post unauthorized commercial communications (such as spam), or other similar materials or advertisements, using the Site;
iv. Not to use or launch any automated system or access the Site using any automated means, including, without limitation, harvesting bots, robots, spiders, offline readers, or scrapers. Notwithstanding the foregoing, The Seiden Strategies grants the operators of public search engines permission to use spiders to copy materials from the Site for the sole purpose of creating publicly available searchable indices of the Site, but not caches or archives of the Site;
v. Not to engage in multi-level marketing using the Site, including, without limitation, pyramid schemes and similar marketing concepts;
vi. Not to upload, use or disseminate viruses or other malicious code or other abusive scripts or processes;
vii. Not to solicit login, account or other personal information of another person or request or obtain access to an account of another person;
viii. Not to bully, intimidate, or harass any person;
ix. Not to post content that is hateful, threatening, illegal, or pornographic, incites violence, or contains nudity, graphic material, gratuitous violence or anything else found to be objectionable by The Seiden Strategies in its sole discretion;
x. 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;
xi. Not to use the Site in any manner that is, or could reasonably be construed to be, in violation of these Terms and Conditions, fraudulent, misleading, malicious or discriminatory;
xii. 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;
xiii. 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;
xiv. Not to facilitate or encourage any violations of these Terms and Conditions;
xv. Not to post or make any defamatory, disparaging or false statements, claims or allegations related to the Site, The Seiden Strategies, or any other product or service of The Seiden Strategies;
xvi. Not to make Your account or any portion thereof or the services provided thereby available to the general public or any portion thereof;
xvii. Not to issue chargeback disputes against The Seiden Strategies.
xviii. Not to use patented, copyrighted, trademarked or other protected intellectual property without the prior written consent and authorization of the owner of such property;
xix. 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;
xx. Not to decompile or reverse engineer, or attempt to decompile or reverse engineer, the Site or any portion thereof;
xxi. 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 The Seiden Strategies;
xxii. Not to share personal information with members or request personal information from members;
xxiii. 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 and non-commercial use in connection with Your trading activities, and for no other use.
Violating any of the aforementioned will result in Your immediate removal from The Seiden Strategies and forfeits Your right to request a refund.
2. Age Restriction
By agreeing to use this Site You represent and warrant that You are at least eighteen (18) years of age or older and are of sound mind and body and have the authority to use this Site. If You do not meet these restrictions, You are forbidden from using this Site and Your account will be terminated without notice or refund.
4. Consent to Use Content from Live Events
The Seiden Strategies may host in person events from time to time. These events may be recorded and photographed for marketing and/or the production of informational content. By attending The Seiden Strategies events, You agree to allow The Seiden Strategies to utilize Your name and likeness, including in any audio, video, photographs or in any other media now available and hereafter developed that You may appear in, and to distribute, broadcast, use or otherwise globally to disseminate, in perpetuity, such media without any further approval from You or any payment to You.
10. Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL THE SEIDEN STRATEGIES BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OF USE, LOSS OF DATA, LOSS OF INFORMATION OR PROGRAMS ON YOUR DATA HANDLING SYSTEM, TRANSACTION LOSSES, OPPORTUNITY COSTS, INTERRUPTION OF BUSINESS OR COSTS OF PROCURING SUBSTITUTE GOODS) RESULTING FROM, ARISING OUT OF OR IN ANY WAY RELATING TO THE SITE, OR THE SERVICES, DATA, CONTENT OR INFORMATION ACCESSED VIA THE SITE OR ANY HYPERLINKED WEBSITE, OR ANY DISRUPTION OR DELAY IN THE PERFORMANCE OF THE SITE, REGARDLESS OF THE FORM OF THE CLAIM OR ACTION, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, STATUTE OR OTHERWISE, AND REGARDLESS OF WHETHER OR NOT SUCH DAMAGES WERE FORESEEN, UNFORESEEN OR FORESEEABLE, EVEN IF THE SEIDEN STRATEGIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THESE TERMS AND CONDITIONS, THE LIABILITY OF THE SEIDEN STRATEGIES FOR ANY REASON AND FOR ANY CAUSE OF ACTION WHATSOEVER IN CONNECTION WITH THESE TERMS AND CONDITIONS, THE WEBSITE AND/OR CONTENT, REGARDLESS OF THE FORM OF ACTION, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, STATUTE OR OTHERWISE, INCLUDING NEGLIGENCE, SHALL NOT EXCEED ONE HUNDRED U.S. DOLLARS ($100). ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS AND CONDITIONS OR THE SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
13. Removal of Infringing Material/Copyright Agent
- The Seiden Strategies does not permit infringement of intellectual property rights on the Site. The Seiden Strategies will remove all content, third party content and User Submissions if properly notified that such content, third party content or User Submission infringes on another’s intellectual property rights. The Seiden Strategies reserves the right to decide whether content, third party content or a User Submission is appropriate. The Seiden Strategies reserves the right and may remove User Submissions and/or terminate a user’s access for uploading inappropriate User Submissions without prior notice and at its sole discretion.
- If You believe that any User Submission or other content or third party content infringes upon Your copyrights, You may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing:
- 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 and Conditions, 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 The Seiden Strategies 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, The Seiden Strategies 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 The Seiden Strategies related thereto.
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or a representative list of such works if more than one work is at issue;
- 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 Seiden Strategies to locate the material;
- Information reasonably sufficient to permit The Seiden Strategies to contact You, such as an address, telephone number, and email address;
- A statement that You have 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; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that You are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
The Seiden Strategies’ designated Copyright Agent to receive notifications of claimed infringement is:
Marcus Stephen Harris
Taft Stettinius & Hollister LLC
111 E Wacker Suite 2800
Chicago, IL 60601
Telephone: (312) 840-4320
Fax: (312) 966-8599
You acknowledge and agree that if You fail to comply with all of the requirements of this Section 13(B), Your DMCA notice may not be valid.
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 The Seiden Strategies. 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.
- We do not track the typical results of our current or past users. We do not have access to the personal trading accounts or brokerage statements of our customers. Available research data suggests that most day traders are not profitable.
17. Third Party Websites
The Site, and other products and services of The Seiden Strategies, may contain links to other websites or applications. The fact that we link to a website is not an endorsement, authorization or representation of our affiliation with that third party. The Seiden Strategies has not reviewed all the sites linked to or from the Site, or other products and services of The Seiden Strategies, and is not responsible for the content of any such linked website. We do not exercise control over third party websites. Your use of links to other websites is at Your own risk. We are not responsible for third party sites linked from the Site, or other products and services of The Seiden Strategies, nor do we make any representation or warranties, express or implied, with respect to any such website, any content of such websites, or any products or services offered by any such websites, including but not limited to, accuracy, completeness, reliability, suitability, non-infringement, merchantability or fitness for a particular purpose.
19. Governing Law and Arbitration
You hereby agree to the following:
- Any dispute, claim or controversy arising out of or relating to Your use of this Site or Your membership in The Seiden Strategies, or the breach, termination, enforcement, interpretation or validity of any provisions thereof, including the determination of the scope or applicability of these Terms and Conditions to arbitrate, shall be determined by arbitration before one arbitrator. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those Rules. Judgment on the award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.
- In the event of litigation or arbitration arising out of or related to Your use of this Site or Your membership in The Seiden Strategies, each party shall pay its own costs and expenses of litigation or arbitration. In any arbitration arising out of or related to Your use of this Site or Your membership in The Seiden Strategies, or the breach, termination, enforcement, interpretation or validity of any provisions thereof, the arbitrator(s) may not award any incidental, indirect or consequential damages, including damages for lost profits.
- In any arbitration arising out of or related to Your use of this Site or Your membership in The Seiden Strategies, or the breach, termination, enforcement, interpretation or validity of any provisions thereof, the arbitrator is not empowered to award punitive or exemplary damages, except where permitted by statute, and the parties waive any right to recover any such damages.
- The parties adopt and agree to implement the JAMS Optional Arbitration Appeal Procedure with respect to any final award in an arbitration arising out of or related to Your use of this Site or Your membership in The Seiden Strategies, or the breach, termination, enforcement, interpretation or validity of any provisions thereof.
- The parties shall maintain the confidential nature of the arbitration proceeding and the award, including the arbitration hearing, except as may be necessary to prepare for or conduct the arbitration hearing on the merits, or except as may be necessary in connection with a court application for a preliminary remedy, a judicial challenge to an award or its enforcement, or unless otherwise required by law or judicial decision.
You shall, and hereby agree to, release, defend, indemnify and hold harmless The Seiden Strategies and its officers, directors, shareholders, employees, contractors, agents and affiliates, from any and all claims, losses, damages, liabilities and any other costs and expenses (including attorneys’ fees), arising from or related to Your (i) breach of a representation or warranty contained in these Terms and Conditions, (ii) breach of, or failure to comply with, any term contained in these Terms and Conditions, (iii) use of the Site or any products or services of The Seiden Strategies, or (iv) use of, access to or other activity engaged in, on, through, related to or in connection with the Site.
21. Governing Law
Your use of this Site and Your membership in The Seiden Strategies, and these Terms and Conditions or the breach, termination, enforcement, interpretation or validity of any provisions thereof, shall be governed by and construed in accordance with the laws of the State of Illinois, including all matters of construction, validity, performance, and enforcement and without giving effect to the principles of conflict of laws. You hereby irrevocably consent to the exclusive jurisdiction and venue of the courts in Cook County, Chicago, Illinois in all disputes arising out of or relating to the Site.
If any provision of these Terms and Conditions is found by a court of competent jurisdiction or arbitrator to be illegal, void, or unenforceable, the unenforceable provision will be modified so as to render it enforceable and effective to the maximum extent possible in order to effect the intention of the provision; and if a court or arbitrator finds the modified provision invalid, illegal, void or unenforceable, the validity, legality and enforceability of the remaining provisions of these Terms and Conditions will not be affected in any way.
In its sole discretion, The Seiden Strategies may terminate or suspend Your access to the Site or use of the products and/or services for breach of these Terms and Conditions without notice or cause. The Seiden Strategies shall not be liable for any losses or damages arising from any such termination.
Any failure to act with respect to a breach of these Terms and Conditions by You or others, including any insistence upon the strict performance of any covenant, duty, agreement or condition of these Terms and Conditions, does not waive our right to act with respect to that breach or subsequent similar or other breaches.
- Notices to You shall be deemed delivered when delivered to You electronically by posting a notice on the Site, by sending You a notice through Your Account, by e-mail or other appropriate means of electronic communication, or by certified or registered mail with return receipt requested. Notices to You shall be deemed given on the date notice is delivered electronically or on the date of receipt by You (as evidenced in the case of certified or registered mail by return receipt), whichever occurs first. Notices delivered to You electronically (including, without limitation, electronic mail) shall be deemed written notices.
- Notices to The Seiden Strategies (excepting notices sent pursuant to Section 13(B) above) shall be deemed delivered when delivered by commercial overnight delivery service, by certified or registered mail with return receipt requested and postage prepaid, or by hand to:
The Seiden Strategies
Attn: Haider Istanboulie
958 N. Loomis Road
Naperville, IL 60563
Any questions about these Terms and Conditions and Disclosures shall be directed to firstname.lastname@example.org