You agree to abide by the following Terms of Services in order to use TraderSumo.
TraderSumo.com is an entertainment and education digital commerce website that provides access to entertainment and educational resources that are not to be considered at financial recommendations. TraderSumo.com publishes information that is educational in nature and designed to contribute to the overall understanding of various types of technical analysis and how we apply this information to the financial markets. We are in no way recommending the purchase, sale or short sale of any securities, options, futures or other financial instruments. Trading of stocks, options, futures, and currency markets may not be suitable for everyone and may involve the risk of losing part of your money, all of your money, or in the case of futures, more than all of your money. Our trades are viewable during the broadcast and profits and losses are seen during and after executions. However, we are in no way representing that similar results will be achieved by following our strategies and picks.
We at TraderSumo.com are not Financial Advisors or Registered Analysts. We do not offer our various model portfolios as trading recommendations for you to copy. These models represent our own accounts and/or opinions and are not intended for use as recommendations to buy or sell any financial product. It is your responsibility to make your own decisions as what you want to do with your own portfolio.
We do not claim to have a special insight into the markets that prevent us from making mistakes. We do make mistakes. Observe our mistakes and utilize these lessons in your own trading programs.
Trading of stocks, options, futures, or currencies may not be suitable for everyone. Equities, Futures, Options, and Currency trading and investing have large potential for rewards, but also large potential risk. You must be aware of the risks and be willing to accept them in order to invest in the Equities, Futures, Options, and Currency markets. Absolutely do not trade with money you cannot afford to lose. Though there are large potential rewards, short-term trading is very risky, especially when your accounts are fully margined. There is certainly a chance in which you can lose all of your money. If you are trading futures, there is a chance that your account can go negative, and that you will end up owing money to your broker. In addition, prior to buying or selling a stock, option, currency, or futures contract, an investor will need a broker, and they must meet suitability requirements in order to trade these specific instruments.
*Options positions may have more than one leg for instance with spreads, condors or rolled over positions to a new month. The past performance of any trading system or methodology is not necessarily indicative of future results. You should carefully consider whether trading is suitable for you in light of your circumstances, knowledge and financial resources. Absolutely consult your Registered Financial Advisor and your Risk Trading Plan before ever investing or trading any financial instrument!
Options involve risk and are not suitable for all investors. Prior to buying or selling an option, investors must read a copy of the Characteristics & Risks of Standardized Options, also known as the options disclosure document (ODD). Go to http://www.optionsclearing.com/about/publications/character-risks.jsp It explains the characteristics and risks of exchange traded options. Copies of the ODD are available from your broker, from any exchange on which options are traded, by placing an order online, or by calling 1-888-OPTIONS (1-888-678-4667), or from The Options Clearing Corporation, One North Wacker Drive, Suite 500, Chicago, Illinois 60606.
You agree to indemnify, defend and hold harmless TraderSumo, its officers, directors, employees, agents, attorneys, and third party affiliates, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. We reserve the right, at our own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you agree to fully cooperate with us in asserting any available defenses.
By accepting this disclaimer you are acknowledging the risks involved in trading the stock, options, currency, and futures markets and are also acknowledging that you, the subscriber, and NOT TraderSumo.com, are solely responsible for any losses, financial or otherwise, as a result of using this service. TraderSumo.com shall under no circumstances be liable for any lost profits, lost opportunities, misstatements, or errors contained within these pages. You also agree that TraderSumo.com will not be held liable for data accuracy, server problems, or any special or consequential damages that result from the use of, or the inability to use, any or all of the materials published on our Website. You agree to hold TraderSumo.com harmless for any act resulting directly or indirectly from this site, its data, content, materials, associated pages and documents.
Employees and Affiliates of TraderSumo.com likely have, or likely will have trades in the educational ideas posted in the trading room. No representation is being made that any account will or is likely to achieve profits or losses similar to those shown. Finally, past performance is in no way indicative of future results.
If you find yourself interested in our trading styles and education material, remember that it is important to diversify your investments and not throw all of your money into one basket or technique. If you do copy any position that resembles our buys and sells, you are doing so at your own risk. We’re not recommending that anyone copy us, and believe that all investors should make their own decisions.
You agree to defend, indemnify and hold us and our affiliates harmless from any and all claims, liabilities, costs and expenses arising in any way from your use of any services provided by TraderSumo.com.
* All sales are final and no refunds issued. All course users are required to identify themselves, sign and complete a non-disclosure agreement.
Subscriptions, Cancellations, Refunds, and Licensing:
Purchase agreement/End User License Agreement: The purchaser or recipient of any TraderSumo.com DVD, CD ROM, software, indicator, video, book, or other product hereby agrees that they are the End User and will not rent, lease, nor otherwise resell any of the content or video, proprietary or otherwise, they have purchased or received in any manner, by any venue. Free distribution in any form is also strictly prohibited and compensatory damages will be sought from offending parties, corporate or retail individuals alike.
All sales are final for all products and services. Copyable media, including DVDs, CD-ROMs and other media may not be returned for a refund, but we will replace any defective media at no cost to the purchaser. Purchaser may not resale this or any TraderSumo.com product via eBay, Amazon, any other online auction site, nor any online classified forum nor any other resale venue of any kind.
There will be days that we may not be able to provide services. This could be due to internet problems, weather or other acts of nature, holidays, medical and health reasons or travel that precludes us from being able to provide our very highly sought after service.
Subscriptions may be canceled at any time by either party, but must be at least 3 business days prior to the next billing cycle. When termination is requested by a subscriber, subscription fees are not refunded. Rather, the current subscription will run its course to the end of the current billing cycle, at which point the subscription would then become inactive and the account canceled.
The individual subscriptions that you have with us makes up the whole of your membership. Nonpayment for any individual product or service that we offer can and will result in suspension or termination of your membership to all of our products and services until the open balances are resolved.
We reserve the right, in our sole and absolute discretion, to terminate your access to the Site and the related Services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the United States of America, and you hereby consent to the exclusive jurisdiction and venue of courts in North Carolina in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
Changes to Terms
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Your Profile Information and Account
In order to access certain Services, you may be required to provide information about yourself (such as identification or contact details) as part of the registration process for the Service or as part of your continued use of the Services. You may also have to create passwords or other forms of authentication. You agree to provide true, accurate, current and complete information about yourself, and you may not misrepresent your profile information. You agree and understand that you are responsible for maintaining the confidentiality of any such information or passwords. Accordingly, you agree that you will be solely responsible to TraderSumo for all activities that occur under your account. If you become aware of any unauthorized use of your password or of your account, you agree to notify TraderSumo immediately.
Your right to access and use the Services is personal to you and is not transferable by you to any other person or entity. You agree not to disclose your password to any third party. You are solely responsible for all activities that occur under your Account or under your Profile Information. If you become aware of any unauthorized use of your Account or Profile Information, you are responsible for notifying TraderSumo immediately.
By providing us with your e-mail address, you agree to receive all required notices electronically to that email address. It is your responsibility to update or change that e-mail address, as appropriate.
By providing us with your phone number and billing address, you agree to allow TraderSumo to contact you via that telephone number or mail regarding all billing notices and/or inquiries (including, but not limited to: payment issues, billing discrepancies, declined/failed payments and/or expired payment methods). It is your responsibility to update or change that phone number, as appropriate.
Unless you notify TraderSumo before the end of the applicable subscription period that you want to cancel your renewal, your subscription will automatically renewed and you authorize us to collect the then-applicable annual, quarterly, or monthly subscription for such Renewal using any credit card or other payment medium we have on record for you. A subscription can be cancelled at any time in the My Account and Billing section of your dashboard.
We invite our subscribers to enjoy all the features this site has to offer. But we must require that each subscriber abide by certain rules so that no one’s rights are stepped on. Failure to abide by these rules can result in immediate termination of access to TraderSumo.com without refund or recourse.
1. Do not share your logon passwords and usernames. Our system is designed to detect this immediately, and suspend any account where more than one person signs on using the same username and password.
2. Do not reprint, republish, re-post, or otherwise distribute or transmit content or images presented on this site. Downloading is easy, but just because you may be able to copy our content doesn’t mean you own it. Unauthorized use of or copying of our content, trademarks, and other proprietary material can subject you to civil or even criminal liability. Please don’t violate our copyright.
3. No advertising, trading of goods or services, or other commercial use is allowed in our forum and or trading rooms. No bulk email, junk mail or spam, chain letters, private messages or repeat postings of the same message is permitted anywhere on the forum and or live trading rooms.
4. Please use your own name when posting to any of our upcoming discussion forums and trading room. Do not impersonate anyone else.
5. Treat other subscribers with courtesy and respect when posting messages to the upcoming discussion groups. No unnecessary name calling or abuse toward any subscriber or staff member is allowed.
6. Please avoid shouting (using all capital letters) in the upcoming discussion forum and trading room.
7. Do not use vulgarity, obscenity, profanity, ethnic slurs, hate speech, or sexually explicit language, or harass, abuse, or threaten other subscribers in the upcoming discussion forums and trading room. Do not libel, defame or disparage others or otherwise misrepresent interactions with others. TraderSumo.com strongly disapproves flaming.
8. When you post content in the TraderSumo.com forum and trading room, you permit TraderSumo.com to display and distribute the content, and to use it for advertising and promotion. You grant to TraderSumo.com the complete, perpetual, but non-exclusive right to use, reproduce, modify, adapt, translate, distribute, sub-license, etc. the content in whole or in part, throughout the world and universe, on a royalty-free basis.
We do not try to edit or to monitor messages posted on the TraderSumo.com forum and trading rooms, but TraderSumo.com has the right to edit or remove objectionable postings. The person posting a message is solely responsible for it, not TraderSumo.com. Violators may be permanently banned from using the forum and trading rooms, or even have their subscriptions terminated.
Copyright and Trademark Law:
All editorial content and graphics on this site are protected by U.S. copyright and international treaties and may not be copied or re-used without the express written permission of TraderSumo.com which reserves all rights.
Intellectual Property Rights
All right, title, interest and ownership and intellectual property rights in and to the Site, TraderSumo trademarks and the templates provided via the Site, including but not limited to its “look and feel” (e.g., text, graphics, images, logos, buttons, icons and the placement and layout thereof), images, video, audio, data, content, software (including html-based computer programs) and other media, material or information, including your Content, are and will remain the property of TraderSumo or its software or content suppliers. Any templates or derivatives of templates provided that you may build using the Site belong to TraderSumo. The Site is protected under United States and international copyright, trademark and other laws and treaties.
Subject to the terms and conditions of this Agreement, TraderSumo grants to you, during the term of this Agreement, a non-transferable, non-sublicensable, non-exclusive, revocable, limited-purpose right to access and use the Services that are subject to a valid Subscription.
You acknowledge that any ideas, suggestions, concepts, processes or techniques which you provide to TraderSumo related to the Services, the Site or TraderSumo or its business (“Feedback”) shall become TraderSumo’s property without any compensation or other consideration payable to you by TraderSumo, and you do so of your own free will and volition. TraderSumo may or may not, in its sole discretion, use or incorporate the Feedback in whatever form or derivative TraderSumo may decide into the Site, its software, services, documentation, business or other products, or any future versions or derivatives of the foregoing. You hereby assign all rights on a worldwide basis in perpetuity to TraderSumo in any Feedback and, as applicable, waive any moral rights.
TraderSumo owns any test results, data information and other output generated by your use of the Site and/or the Services during the term of this Agreement.
Counterfeit Trademarks: The Trademark Counterfeiting Act, 18 U.S.C. § 2320(b)(1)(A), provides penalties of up to ten years’ imprisonment and a $2 million fine for a defendant who intentionally “traffics in goods or services and knowingly uses a counterfeit mark on or in connection with such goods or services,” or intentionally “traffics in labels, . . . documentation, or packaging . . .knowing that a counterfeit mark has been applied thereto.” Section 2320(b)(3) provides penalties of up to twenty years’ imprisonment and a $5 million fine for a defendant who intentionally traffics in counterfeit drugs or certain counterfeit military goods or services.
Counterfeit Labeling: The counterfeit labeling provisions of 18 U.S.C. § 2318 prohibit trafficking in counterfeit labels designed to be affixed to movies, music, software, and literary, pictorial, graphic, or sculptural works and works of visual art as well as trafficking in counterfeit documentation or packaging for such works. Violations are punishable by up to five years’ imprisonment and a $250,000 fine.
Criminal Copyright Infringement: Copyright infringement is a felony punishable by up to three years’ imprisonment and a $250,000 fine under 17 U.S.C. § 506(a) and 18 U.S.C. § 2319 where a defendant willfully reproduces or distributes at least ten copies of one or more copyrighted works with a total retail value of more than $2,500 within a 180-day period. The maximum penalty rises to five years’ imprisonment if the defendant also acted “for purposes of commercial advantage or private financial gain.” Misdemeanor copyright infringement occurs where the value exceeds $1,000 or where the defendant willfully violated any of the exclusive rights “for purposes of commercial advantage or private financial gain.”
Pre-Release Criminal Copyright Infringement: Pre-release piracy, i.e., willful infringement “by the distribution of a work being prepared for commercial distribution, by making it available on a computer network accessible to members of the public, if such person knew or should have known that the work was intended for commercial distribution,” is a felony punishable by up to three years’ imprisonment and a $250,000 fine under 17 U.S.C. § 506(a)(1)(C) and 18 U.S.C. § 2319(d). The maximum penalty rises to five years’ imprisonment if the defendant also acted “for purposes of commercial advantage or private financial gain.
Theft of Trade Secrets: The Economic Espionage Act contains two separate provisions that criminalize the theft of trade secrets. The first provision, 18 U.S.C. § 1831, prohibits the theft of trade secrets for the benefit of a foreign government, instrumentality, or agent, and is punishable by up to 15 years’ imprisonment and a $5,000,000 fine. The second, 18 U.S.C. § 1832, prohibits the commercial theft of trade secrets to benefit someone other than the owner, and is punishable by up to ten years’ imprisonment and a $250,000 fine. The penalties are higher for defendants who are companies. The statute broadly defines the term “trade secret” to include all types of information that the owner has taken reasonable measures to keep secret and that itself has independent economic value. 18 U.S.C. § 1839(3). Federal law also provides special protections to victims in trade secret cases to ensure that the confidentiality of trade secret information is preserved during the course of criminal proceedings. Specifically, the statute expressly states that courts “shall enter such orders and take such action as may be necessary and appropriate to preserve the confidentiality of trade secrets, consistent with the requirements of the Federal Rules of Criminal and Civil Procedure, the Federal Rules of Evidence, and all other applicable laws.” 18 U.S.C. § 1835(a); see also Levine & Flowers, How Prosecutors Protect Trade Secrets, 38 Am. J. Trial Advoc. 461 (2014-2015).
Camcording: The Family Entertainment and Copyright Act criminalizes the use of camcorders and similar devices to record movies playing in public theaters. “Camcording” is a felony punishable by up to three years imprisonment’ and a $250,000 fine under 18 U.S.C. §2319B(a) where a defendant “knowingly uses or attempts to use an audiovisual recording device to transmit or make a copy of a motion picture. . . in a motion picture exhibition facility.”
Additional Charges: Where appropriate, prosecutors may respond to intellectual property crime with additional charges, such as Wire Fraud (18 U.S.C. § 1343), Mail Fraud (18 U.S.C. § 1341), Computer Fraud and Abuse Act (18 U.S.C. § 1030), and Smuggling (18 U.S.C. § 545).
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