Member Access
 

Website General Terms of Use

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

  1. 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.
  2. 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.

3. Intellectual Property and Ownership

  1.  By becoming a customer of The Seiden Strategies and using the Site, The Seiden Strategies hereby grants to You a limited revocable license to use the Site, and its content, materials and services, solely for Your non-commercial and personal use and for the purposes set forth on the Site, and subject to these Terms and Conditions and all other rules, regulations and policies imposed or adopted by The Seiden Strategies in connection with the Site, which may be amended by The Seiden Strategies at any time at its sole discretion and without notice. This limited revocable license is freely revocable and terminable by The Seiden Strategies at any time without cause, and at the sole discretion of The Seiden Strategies. Upon revocation or termination of this limited revocable license, You shall, and hereby agree to, destroy any materials (electronic or otherwise) related to the Site that remain in Your possession or control, and acknowledge that after such revocation or termination The Seiden Strategies may deny Your access to the Site and any other The Seiden Strategies content, materials or services in its sole discretion. Any personal information of a user whose limited revocable license is revoked or terminated by The Seiden Strategies will be preserved or disposed of in accordance with the terms of the Privacy Policy of The Seiden Strategies, located at theseidenstrategies.com/privacy, which may be modified by The Seiden Strategies from time to time. Any information You submit to The Seiden Strategies is at Your own risk of loss, and The Seiden Strategies assumes no liability or responsibility.
  2. The Seiden Strategies reserves all rights not expressly granted in these Terms and Conditions, including, without limitation, title, ownership, intellectual property rights, and all other right, title and interest in and to the Site, the products and services of The Seiden Strategies, and all related content, materials, services, and other documents, information or items, including any copies or derivative works thereof. You acknowledge and agree that the Site, the products and services of The Seiden Strategies, and all related content, materials, services, and other documents, information or items, including any copies or derivative works, is owned by The Seiden Strategies, and is protected by copyright, trademark and other intellectual property laws. You further acknowledge and agree that the Site, the products and services of The Seiden Strategies, and related content, materials, services, and other documents, information or items, including any copies or derivative works, contains certain proprietary data and information of The Seiden Strategies (collectively, “Content”). The Site or Content may not be copied, reproduced, modified, published, uploaded, posted, transmitted, performed, or distributed in any way, and You agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, or create derivatives, without the prior express written authorization of The Seiden Strategies which may be withheld in the sole discretion of The Seiden Strategies. You will not use the Site or Content for any unlawful or unauthorized purpose, and You will use reasonable efforts to protect them from illicit distribution or use. If Seiden Strategies permits You to use the Content, You agree to retain copyright and other proprietary notices on any copies of the Content You make, and You agree not to remove or modify any notices, author attribution or disclaimer contained in the Content. You represent and warrant that You will give credit and attribute the Content (with names, titles, and links to the applicable sources) to The Seiden Strategies if You are permitted to use the Content.
  3. You hereby grant The Seiden Strategies an exclusive, irrevocable, worldwide, perpetual, unlimited, freely assignable and sub-licensable, fully paid up and royalty-free right to use, copy, prepare derivative works of, improve, distribute, publish, remove, retain, add, process, analyze and commercialize, in any way now known or in the future discovered, any information, content, ideas, concepts, techniques, data or suggestions submitted to the Site for the purpose of improving or modifying the Site, or any content, materials or services, or for the purpose of creating or developing new content, materials, services or product related to, arising from or ancillary or similar to the Site, without any further consent, notice and/or compensation to You or to any third parties.
  4. You acknowledge that the Site, Content and any third party content on the Site are protected under laws, including (without limitation) United States of America and international copyright laws and treaties. Except as otherwise provided for under these Terms and Conditions, You shall not contest or aid in contesting the ownership or validity of the intellectual property, including without limitation the copyrights, trademarks, and trade secrets (as applicable) of The Seiden Strategies.

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.

5. Violation; Termination of Account

  1. The Seiden Strategies reserves the right to investigate violations of these Terms and Conditions or any other policies of The Seiden Strategies or the Site, or any other violations of any state, federal or local law, rule or regulation, and to pursue any remedy available to The Seiden Strategies whether at law, in equity or otherwise. You hereby acknowledge and agree that The Seiden Strategies may notify, involve and cooperate with law enforcement authorities in investigating and prosecuting users who violate these Terms and Conditions or any other policies of The Seiden Strategies or the Site, and any other violations of any state, federal or local laws, rules or regulations. You further acknowledge and agree that The Seiden Strategies 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 The Seiden Strategies may, in its sole discretion and without prior notice, remove or delete any entries, information, materials or other content, and terminate the subscription, membership or account (“Account”) of any user, that violates these Terms and Conditions or otherwise posts, submits, or disseminates content that The Seiden Strategies finds, in its sole discretion, to be objectionable.
  2. You acknowledge and agree that The Seiden Strategies may, in its sole discretion and without prior notice, cancel, suspend or terminate Your Account if You breach these Terms and Conditions. The Seiden Strategies 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.
  3. You acknowledge and agree that if Your Account is canceled, suspended, or terminated by The Seiden Strategies for breaching these Terms and Conditions You may not request a refund from The Seiden Strategies. All money spent on services and products, memberships, etc. are forfeited upon cancellation, suspension, and/or termination of the Account, regardless of cause.

6. Purchases and Refunds

  1. Through the Site, The Seiden Strategies offers subscription, membership or other periodic fee-based services. For 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 a subscription, you will receive a streaming or digital version; no physical copies of products or other materials will be shipped or provided to You.
  2. 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 The Seiden Strategies to store (or cause a third party to store on behalf of The Seiden Strategies) 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 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.
  • All payments made to The Seiden Strategies in connection with any product purchased or account or service, and any renewal thereof, are non-refundable. The Seiden Strategies 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 The Seiden Strategies 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 The Seiden Strategies 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.

7. Modifications to the Site and Product Pricing

  1. The Seiden Strategies reserves the right to, and You acknowledge and agree that, The Seiden Strategies may modify the Site, including but not limited to the content, materials and services offered, and the fees, costs and pricing associated with the Site at any time and without notice. Without limiting the generality of the foregoing, The Seiden Strategies 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 current version of the Site, including the release of new tools and resources, shall be subject to these Terms and Conditions and may result, in The Seiden Strategies’ sole discretion, to a price increase. The Seiden Strategies 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.
  2. You acknowledge and agree that The Seiden Strategies 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.

8. Cancellations

  1. 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.
  2. You are solely responsible for properly cancelling Your account or service. To cancel Your membership, You must email Customer Support at support@theseidenstrategies.com and request cancellation 30 days prior to Your membership renewal.
  3. You agree that if cancellation is not completed as set forth in the preceding paragraph, Your membership will auto renew and that no refund will be provided.

9. Disclaimers of Warranties

  1. THE SITE, AND ALL INFORMATION OR SERVICES PROVIDED BY THE SEIDEN STRATEGIES TO YOU, IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH NO WARRANTIES WHATSOEVER.
  2. THE SEIDEN STRATEGIES DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. WITHOUT LIMITING THE FOREGOING, THE SEIDEN STRATEGIES DISCLAIMS ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, AVAILABILITY, SERVICE LEVELS, TIMELINESS, AND PERFORMANCE OF THE SITE; THE SEIDEN STRATEGIES DISCLAIMS ALL LIABILITY FOR ANY CLAIMS, DAMAGES, LOSSES, COSTS OR EXPENSES (INCLUDING ATTORNEY’S FEES) RELATED TO THE FOLLOWING, AND DOES NOT WARRANT THAT (I) THE SITE, AND ALL INFORMATION OR SERVICES PROVIDED BY THE SEIDEN STRATEGIES TO YOU, WILL MEET YOUR SPECIFIC REQUIREMENTS, (II) THE SITE OR SERVICES WILL BE UNINTERRUPTED, TIMELY, AVAILABLE, SECURE OR ERROR-FREE, (III) THAT ANY PARTICULAR RESULTS MAY BE OBTAINED FROM YOUR USE OF THE SITE, OR INFORMATION OR SERVICES PROVIDED TO YOU BY THE SEIDEN STRATEGIES, OR THAT ANY DATA, CONTENT OR INFORMATION ON THE SITE IS, OR WILL BE, VALID, ACCURATE, TIMELY, ADEQUATE, COMPLETE, LEGAL OR OTHERWISE RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS, OR (V) ANY ERRORS IN THE SITE, OR INFORMATION AND/OR SERVICES PROVIDED TO YOU, WILL BE CORRECTED.
  3. THE SEIDEN STRATEGIES DISCLAIMS ANY WARRANTIES FOR ANY INFORMATION, CONTENT OR ADVICE OBTAINED THROUGH THE SITE OR BY THE SEIDEN STRATEGIES; AND, THE SEIDEN STRATEGIES DISCLAIMS ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SITE OR RECEIVED THROUGH ANY LINKS PROVIDED BY THE SITE. YOU SPECIFICALLY ACKNOWLEDGE THAT THE SEIDEN STRATEGIES IS NOT LIABLE FOR THE DEFAMATORY, OBSCENE OR UNLAWFUL CONDUCT OF THIRD PARTIES OR USERS OF THE SITE AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
  4. YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SITE, AND ANY CONTENT, SERVICES OR OTHER INFORMATION OR MATERIALS RELATED THERETO, IS SOLELY AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY LIABILITY, CLAIM, DAMAGES, LOSS, COST OR EXPENSE, THAT RESULTS FROM OR ARISES FROM YOUR USE OF THE SITE, OR ANY CONTENT, SERVICES OR OTHER INFORMATION OR MATERIALS RELATED THERETO. YOU HEREBY EXPRESSLY DISCLAIM AND RELEASE AND WAIVE ANY LIABILITY, CLAIM, DAMAGES, LOSS, COST OR EXPENSE, RELATED TO OR ARISING FROM, THE WARRANTIES DISCLAIMED BY THE SEIDEN STRATEGIES HEREUNDER.

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.

11. Disclosures

  1. The Seiden Strategies is not registered as an investment adviser with the U.S. Securities and Exchange Commission. Rather, The Seiden Strategies relies upon the “publisher’s exclusion” from the definition of “investment adviser” as provided under Section 202(a)(11) (D) of the Investment Advisers Act of 1940 and corresponding state laws. As such, The Seiden Strategies does not offer or provide personalized investment advice. To the extent any of the content, material, information and/or any other kind of informational offering published, broadcast, or otherwise stated on this, and/or associated websites, may be deemed to be “investment advice”, such information is impersonal and not tailored to the investment needs of any specific person. The information contained within this, and/or, associated websites, is provided for informational purposes only. The information should not be construed as investment or trading advice and is not meant to be a solicitation or recommendation to buy, sell, or hold any positions in any indices or financial markets mentioned. The content and information provided by The Seiden Strategies, the Site and the other products and services of The Seiden Strategies, is solely incidental to the business and activities of The Seiden Strategies in providing informational services.
  2. You remain solely responsible for all decisions regarding Your purchase and sale of securities, the suitability, profitability or appropriateness for You of any security, investment, financial product, investment strategy or other matter, and all other matters related to Your investments and investment strategies. The Seiden Strategies does not and will not provide You with any legal, tax, estate planning or accounting advice, or any advice regarding the suitability, profitability or appropriateness for You of any security, investment, financial product, investment strategy or other matter. You understand, acknowledge and agree that The Seiden Strategies employees are not authorized to give any such advice, You will neither solicit nor rely on any investment advice from any The Seiden Strategies employee. The Seiden Strategies recommends that persons desiring to trade or invest in securities do so cautiously and only in consultation with their professional, licensed and qualified financial, legal, tax, estate planning and accounting advisors.
  3. The Site is solely for informational purposes for entertainment and education.
  4. The Seiden Strategies (which includes our owners and website moderators) are not brokers or dealers, investment advisors nor financial advisors, nor an advisory service, nor do we advertise as such.
  5. No data, content or information provided by The Seiden Strategies, the Site or the other products and services of The Seiden Strategies, is intended, and shall not constitute or be construed as: i) advice or any recommendation to buy or sell securities; ii) any offer, or solicitation of an offer, to buy or sell securities; iii) advice or any recommendation to buy, sell or hold a particular security or pursue any particular investment strategy; or iv) an attempt to influence the purchase or sale of any security. The Seiden Strategies is not registered as an investment adviser either with the U.S. Securities and Exchange Commission, any other federal or national governmental or regulatory authority, or any state securities governmental or regulatory authority, and the business and activities of The Seiden Strategies do not require any such registration.
  6. The Seiden Strategies shall have the right to use and disclose any information provided by You through the Site, or other products or services of The Seiden Strategies (including but not limited to information provided through e-mail) or made available through Your use of the Site, for any lawful purpose, unless You indicate otherwise in accordance with the policies and procedures therefore of The Seiden Strategies. In no event shall You be entitled to any compensation for the use of any of such information.
  7. The Seiden Strategies reserves the right to revise these Terms and Conditions at any time without notice. By using the Site, You are agreeing to be bound by the then-current version of these Terms and Conditions, and Your continued use of the Site reaffirms Your agreement to the then-current Terms and Conditions. You agree to consult the Site regularly for up-to-date information about these Terms and Conditions.

12. Data, Content, and Information

  1. The Seiden Strategies neither assumes responsibility for, nor guarantees, the accuracy, currency, completeness or usefulness of information, commentary, recommendations, advice, investment ideas or other materials that may be accessed by You through the Site or the other products or services of The Seiden Strategies. This includes, without limitation, any forum, chatroom or other online conference, telecast or posting through The Seiden Strategies. If You choose to rely on such information, You understand, acknowledge and agree to do so solely at Your own risk. You understand, acknowledge and agree that the research, analysis, news or other information made available through the Site or the other products or services of The Seiden Strategies is not investment advice and is in no way tailored to reflect any personal financial circumstances or investment objectives and the securities and investment strategies discussed may not be suitable for You. Any determination to purchase or sell securities or otherwise invest in securities must be made solely by You after Your independent investigation and evaluation thereof based on Your personal financials and other circumstances and without any reliance on the data, content or information provided by The Seiden Strategies, the Site or the other products and services of The Seiden Strategies.
  2. The Seiden Strategies cannot, and does not, independently verify, assess or guarantee the validity, adequacy, timeliness, accuracy or completeness of any data, content or information, the suitability or profitability of any particular security or investment, or the potential value of any security, investment or informational source. You bear sole responsibility for Your own investment research and decisions, and should seek the advice of a professional, licensed and qualified securities professional before purchasing or selling any security or making any investment.
  3. The forum and chat rooms on the Site are composed of customers and members (including, without limitation, moderators who are in the employ of The Seiden Strategies) posting content and information. All such information and content is for informational purposes only and does not constitute advice or a recommendation by The Seiden Strategies to enter into any securities transactions or engage in any of the financial strategies reflected on or suggested in forum and chat rooms (whether such data, content or information is posted by The Seiden Strategies or otherwise). Customers and members may write about securities in which they have a financial or other interest, and performance data reflecting other customer’s or member’s holdings may include information about securities not held by The Seiden Strategies or its directors, officers, shareholders, employees, agents or affiliates. As such, The Seiden Strategies is not responsible for the accuracy of data, content or information or any performance data in any forum or chat room; and the accuracy of data, content or information or any performance data are not guaranteed, may not be current and should not be relied upon. Nothing in any forum or chat room is intended as, nor should You rely on it as, investment advice provided by The Seiden Strategies or its directors, officers, shareholders, employees, agents or affiliates.
  4. The Seiden Strategies does not control, and does not endorse, any data, content or information posted on the forum or chat room on the Site (collectively, “User Submissions”). You understand, acknowledge and agree that Your participation therein is at Your own risk, and The Seiden Strategies expressly disclaims responsibility for any User Submissions. The Seiden Strategies has the right (but not the obligation) to review and take down any User Submissions without notice. You understand, acknowledge and agree that by accessing the forum or chat room on the Site, You may be exposed to material that You deem to be offensive, indecent, obscene or otherwise objectionable. Under no circumstances will You hold The Seiden Strategies, or its directors, officers shareholders, employees, agents or affiliates, liable for any such content displayed or made available through the Site, or for any loss or damage of any kind incurred as a result of Your use of the forum or chat room on the Site.
  5. Without limiting the generality of the foregoing, You understand, acknowledge and agree that chat room moderators may call out or post both real and hypothetical trades and real and simulated or hypothetical returns for informational purposes only. Moderator commentary is opinion and ideas only and does not constitute any recommendation whatsoever, and You should not rely on such opinions and ideas which may not be complete or accurate. Each of The Seiden Strategies’ services, products and site are available for informational purposes only. None of the information contained in the site (which includes, without limitation, our alerts service and chat room) constitutes, or is intended to constitute, a recommendation by The Seiden Strategies of any particular security or trading strategy or a determination by us that any security or trading strategy is suitable for any specific person. We are publishers and educators only.
  6. You understand, acknowledge and agree that moderator results may be based on simulated or hypothetical performance, and such results have certain inherent limitations. Unlike the results shown in an actual performance record, such results do not represent actual trading. Your actual results may differ from results reported for many reasons, including, without limitation: performance results do not reflect actual trading commissions that You may incur; performance results do not account for the impact, if any, of certain market factors, such as lack of liquidity, that may affect Your results; the investments chosen may be volatile, and server, delivery delays and other factors may cause the price You obtain to differ substantially from the price at the time of the alert; the prices of investments at the point in time You begin subscribing may be higher than such prices at the time such investments were chosen; You may not have the capital to trade as frequently as the moderator; and the size and timing of Your purchase or sale of a stock may affect the price of the stock, among other reasons.
  7. You understand, acknowledge and agree that, for informational purposes only, trades may be called out, posted, or alerted, but not executed. You understand, acknowledge and agree that moderators may sometimes purchase or sell securities sooner or later than called out, posted or alerted. Moderators are also not required to disclose all trades, and their positions may be inconsistent with trades. Also, because some trades may not actually have been executed, results may have under-or-over-compensated for the impact, if any, of certain market factors, such as liquidity. Simulated or hypothetical trading programs in general are also subject to the fact that they are designed with the benefit of hindsight. You understand, acknowledge and agree that the Site contains simulated or hypothetical trading programs. No representation is being made that any account will or is likely to achieve profits or losses similar to these being shown.
  8. You understand, acknowledge and agree that The Seiden Strategies and its directors, officers, shareholders, employees, agents and affiliates have no obligation to notify You as to which trades and returns are real versus simulated or hypothetical, and that The Seiden Strategies, and its directors, officers, shareholders, employees, agents and affiliates do not verify moderator trade records or maintain records of moderator trades and results, and that moderators have no obligation to provide The Seiden Strategies any data.
  9. You expressly agree and consent to the operations of The Seiden Strategies (including the moderator actions and omissions discussed above) and release The Seiden Strategies, and its directors, officers, shareholders, employees, agents and affiliates from any liability, claim, loss, cost, expense, and any other damages arising from or relating to moderator statements (written or oral), actions and omissions, including real, simulated, or hypothetical trades and results. Trading in any security can result in immediate and substantial losses of the money invested.

13. Removal of Infringing Material/Copyright Agent

  1. 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.
  2. 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
Email: mharris@taftlaw.com
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.

14. Activities of The Seiden Strategies Personnel

  1. The Seiden Strategies, and its directors, officers, shareholders, employees, agents and affiliates, are active investors and traders of securities. Such parties may, but are not required to, purchase or sell any security, or engage in any investment strategy, contained in any data, content or information on the Site, or in the other products or services of The Seiden Strategies. Such parties will purchase or sell securities, and engage in any investment strategies, in their sole discretion, at any time and without notice, and shall not, and are not required to disclose or otherwise notify You, or any other person or party, with respect to any such decisions or activities. For the avoidance of doubt, such parties may not always adhere to The Seiden Strategies and are not required to disclose or notify You, or any other person or party, with respect to any such decisions or activities. The Seiden Strategies personnel adhere to their unique individual plans developed and implemented by them with or without The Seiden Strategies, and experiences will not be duplicated and are not typical.
  2. The Seiden Strategies does not engage in, and its business and activities shall not constitute or be construed as, a business or activity with the purpose of creating a false or misleading appearance of active trading in any security, or a false or misleading appearance with respect to the market for such security, to effect any transaction in such security which involves no change in the beneficial ownership thereof, to enter an order or orders for the purchase of such security with the knowledge that an order or orders of substantially the same size, at substantially the same time, and at substantially the same price, for the sale of any such security, has been or will be entered by or for the same or different parties, or to enter any order or orders for the sale of any such security with the knowledge that an order or orders of substantially the same size, at substantially the same time, and at substantially the same price, for the purchase of such security, has been or will be entered by or for the same or different parties.
  3. The Seiden Strategies does not engage in, and its business and activities shall not constitute or be construed as, a business or activity to effect a series of transactions creating actual or apparent active trading in a security, or raising or depressing the price of such security, for the purpose of inducing the purchase or sale of such security by others.
  4. The Seiden Strategies does not engage in, and its business and activities shall not constitute or be construed as, a business or activity to effect a series of transactions for the purchase and/or sale of a security for the purpose of pegging, fixing, or stabilizing the price of such security in contravention of any law, rule or regulation.
  5. You understand, acknowledge and agree that The Seiden Strategies, and its directors, officers, shareholders, employees, agents and affiliates, engage in active trading of securities, but do not willfully participate in any activity described in the three preceding paragraphs. Accordingly, You hereby waive and release any and all claims, losses, damages, liabilities and any other costs and expenses (including attorneys’ fees), arising from or related to Your purchase or sale of a security at a price that may have been affected by the business or activities of The Seiden Strategies, or its directors, officers, shareholders, employees, agents or affiliates.

15. Investments and Results

  1. The purchase and sale of securities, futures, or commodities involve a high degree of risk and is speculative in nature. The purchase and sale of securities should only be conducted by persons who understand and accept the risks involved therewith and who have independently reviewed and determined their acceptance and suitability of these risks and the financial and tax consequences thereof. Only persons who are able to bear the risk of substantial or complete loss of funds should engage in the purchase and sale of securities, futures or commodities.
  2. The Seiden Strategies, and the content and information contained on the Site, and in other products and services of The Seiden Strategies, do not indicate or guarantee any predictable, general, specific or other results. The purchase and sale of securities, and any other investment activity, involves a high degree of risk, and a number of factors could materially and adversely affect the results and lead to a substantial or complete loss of an investment.
  3. As more fully set forth herein, The Seiden Strategies, and its directors, officers, shareholders, employees, agents and affiliates, make no representation, warranty or guarantee as to the validity, adequacy, timeliness, accuracy, reliability or completeness of any data, content or information. You should independently analyze, review and confirm any such data, content or information.
  4. The Seiden Strategies may express or utilize testimonials or descriptions of past performance, but such items are not indicative of future results or performance, or any representation, warranty or guarantee that any result will be obtained by You. Your results may differ materially from those expressed or utilized by The Seiden Strategies due to a number of factors.
  5. COMMODITY FUTURES TRADING COMMISSION RULE 4.41: Hypothetical performance results have many inherent limitations, some of which are described below. No representation is being made that any account will or is likely to achieve profits or losses similar to those shown, in fact, there are frequently sharp differences between hypothetical performance results and the actual results subsequently achieved by any particular trading program. One of the limitations of hypothetical performance results is that they are generally prepared with the benefit of hindsight. In addition, hypothetical trading does not involve financial risk, and no hypothetical trading record can completely account for the impact of financial risk in actual trading. For example, the ability to withstand losses or adhere to a particular trading program in spite of trading losses are material points which can also adversely affect actual trading results. There are numerous other factors related to the markets in general or to the implementation of any specific trading program which cannot be fully accounted for in the preparation of hypothetical performance results and all of which can adversely affect actual trading results.

16. Testimonials

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:

 

  1. 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.
  2. 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.
  3. 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.

18. Risk of Loss

  1.  You agree and acknowledge that all trading comes with risk and You acknowledge that all products and services offered by The Seiden Strategies do not come with a guarantee of success.
  2. You agree and acknowledge that The Seiden Strategies did not make “money making claims” and that any analysis given gives no guarantee of success in the stock market.
  3. The Seiden Strategies cannot, and does not, independently verify, assess or guarantee the validity, adequacy, timeliness, accuracy or completeness of any data, content or information, the suitability or profitability of any particular security or investment, or the potential value of any security, investment or informational source. You bear sole responsibility for Your own investment research and decisions, and should seek the advice of a professional, licensed and qualified securities professional before purchasing or selling any security or making any investment.

19. Governing Law and Arbitration

You hereby agree to the following:

  1. 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.
  2.  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.
  3. 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.
  4. 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.
  5. 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.

20. Indemnification

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.

22. Severability

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.

23. Termination

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.

24. Entire Agreement

  1. You agree that these Terms and Conditions constitute the entire, complete and exclusive agreement between You and us regarding the Site and the products and services of The Seiden Strategies, and supersedes all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of these Terms and Conditions. Any and all restrictions imposed upon You with respect to the Site, products or services and any and all disclaimers and limitations of liabilities set forth in these Terms and Conditions shall survive any termination or expiration thereof indefinitely.
  2. If You do not agree with any term or provision of these terms and conditions, please exit this Site immediately. Be advised that continued use of this Site or purchase and use of products and services provided shall indicate Your consent and agreement to these Terms and Conditions

25. Waivers

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.

26. Notices

  1. 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.
  2. 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

27. Questions

Any questions about these Terms and Conditions and Disclosures shall be directed to support@theseidenstrategies.com

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