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TERMS AND CONDITIONS
TheoTRADETheoTRADE (“TheoTRADE,” “we,” “us,” and “our”) is a financial information site ownedand operated by TheoTRADELLC. (“TheoTRADE”). We provide broadcast and written content toconsumers for the purpose of informing and educating them.You can access TheoTRADEover the Internet at www.theotrade.comand through yourmobile and other wireless devices. Additionally, TheoTRADEand TheoTRADEproducts andservices are distributed via Roku, Apple TV, Apple Radio, iTunes, Google Play Store,Amazon, and YouTube, through our mobile trading applications and atwww.theotrade.com. In order to become a TheoTRADEmember (“Registrant”), you will be required to register avalid email address at www.theotrade.com. We do not charge a subscription fee tobecome a Registrant and receive nightly emails and videos.In order to participate in some of our exclusive emails and offers,you may also be asked to update your profile settings and/or provide us with your firstand last name, phone, street address, city, state, zip code and country of origin.TheoTRADE is not intended for use by any persons under the age of 13.Terms and Conditions -To Use This Site, You Must Accept Our Terms and ConditionsLast updated 06/1/2018Please read our complete terms and conditions. Our terms and conditions set forth therules for using our Web Site (“Terms of Use” or “Agreement”). Please also read ourPrivacy Policy located, https://theotrade.com/privacy-policy/which is part of our Terms of Use. 1. General Terms and Conditions -An Agreement between You and Us.These Terms of Use are an agreement between you and us that govern your use of theTheoTRADEWeb Site and all of our services, including our Content and the store,(collectively, the “Site”). By using this Site, you agree to be bound by these terms and conditions without modification, deletions or additions, which we call our Terms of Useand our Privacy Policy (locatedhttps://theotrade.com/privacy-policy/), which is also partof these Terms of Use. You use the Site and services subject to all other terms andconditions that are described in these Terms of Use or that are otherwise indicated areapplicable to various areas of the Site, or to products and services that we makeavailable or provide to you. These Terms of Use contain warranties and releases fromyou and disclaimers of liability from us. You also releaseus from all liabilities andclaims of loss resulting from any error in quote,trade data, or trade idea. If you do not wish to agreeto these terms and conditions (our Terms of Use, which may also be referred to as the“Agreement”), please do not use the Site. Accessing the Site or using our services, inany manner, whether automated or otherwise, constitutes use of the Site and youragreement to be bound by our Terms of Use.ChangesWe reserve the right to change these Terms of Use and or our Privacy Policy or toimpose new conditions on use of the Site, from time to time, in which case we will postthe revised Terms of Use or Privacy Policy on the Site and update the "Last Updated"date to reflect the date of the changes. All changes will be effectiveimmediately uponour posting the changes on the Site. By continuing to use the Site after we post anysuch changes, you agree to accept and to be bound by the Terms of Use and/or PrivacyPolicy, as modified. If you do not agree to the changes, please promptly discontinueuse of the Site. You should re-read these Terms of Use and our Privacy Policyperiodically so you are up to date with respect to any changes that we have made to theTerms of Use or our Privacy Policy. We will not modify the terms of your existingTheoTRADE subscription. Changes will only affect your future TheoTRADE subscription.We reserve the right to terminate the use of any username or password, or to denyaccess to our Content or any other features of the Site, to anyone who violates theseTerms of Use or who, in our sole determination, interferes with the ability of others toenjoy our Site or infringes the rights of others. We have the right at any time to change or discontinue any aspect or feature of the Siteor any TheoTRADE -produced product or service, including, but not limited to, Content,hours of availability, exclusive offers, mobile applications, store merchandise, and equipmentneeded for access or use. We may stop providing any part orparts of the content or information or category or type of information at any time. Wemay change or eliminate any transmission method and may change transmissionspeeds or other technical characteristics of our Site. You agree that we will not be liableto you or to any third-party for any modification, suspension or adiscontinuance of theSite or any portion thereof.EligibilityYou represent that you are of legal age to enter into a binding contract. You must be atleast 18 years old to be eligible to use the Site and register for free to become aRegistrant. However, if you are at least 13 years old and younger than 18, you may usethe Site in conjunction with your parent or guardian who agrees to be bound by thisAgreement. If you are between the ages of 13 and 18 you should review these Termsof Use with your parent or guardian. If you become a Registrant, you must have yourparent or legal guardian check the box affirmatively indicating that you have read andagree to be bound by these Terms of Use and our Privacy Policy.No one under age 13 may use the Site.We are owned and operated within the United States.If you choose to access this Site from anylocation other than the United States, you are fully responsible for compliance with thelaws of the jurisdiction from where you access this Site. We make no representationsthat the Site or the content available through the Site is appropriate or permitted for useoutside the United States. You may not use this Site from any jurisdiction where accessand/or use of this Site is prohibited or violates any laws.Protecting your Confidential InformationYou are responsible for protecting the confidentiality of any subscription identification numbers or codes, passwords, and store credit identification numbers or codes that wegive you in connection with your use of this Site. You agree to notify us immediately ofany unauthorized use of your subscription identification numbers or codes, passwordsor store credit identification numbers or any other breach of security by callingTheoTRADE customer service at1 (800) 256-8876, 10am -6pm ETMonday through Friday or email support@theotrade.com 24 hours a day, 7 days aweek. We will not be responsible for any losses you incur from the unauthorized use ofyour subscription identification numbers or codes, passwords, or store creditidentification numbers or codes. You agree to defend, indemnify and hold harmless,TheoTRADE, our parent, our subsidiary corporations and our affiliates from anyunauthorized or illegal uses of such information.You acknowledge that, although the Internet can be a secure environment, interruptionsin service or events may occur that are beyond our control. We shall not be responsiblefor any data lost while transmitting information on the Internet.Telephone Monitoring/RecordingFrom time to time we may monitor and/or record telephone calls between you and us toassure the quality of our customer service or as required by applicable law.2. Becoming a TheoTRADE RegistrantPersonal InformationTo become a Registrant, we ask you to provide your e-mail address. In order toparticipate in other offers, we may also ask you to provide certain personally identifiableinformation, including your first and last name, address, phone number and/or date ofbirth. Becoming a Registrant is voluntary and provides you with access toLIMITEDContent, whichincludes but is not limited to exclusive TheoTRADE emails and offerings. We have theright to suspend or terminate your accessand refuse any and all current or futureuse of the Site (or any portion thereof) by you, if we have a reasonable basis to believethat such information is untrue, inaccurate, or incomplete. Our use of any informationyou provide to us as part of the subscription process is governed by the terms of our Privacy Policy located at https://theotrade.com/privacy-policy/Username and PasswordTo become a TheoTRADE Registrant, you will need a username, consisting of a validemail address, anda preliminary passwordwill be automatically assigned in theregistration process. We reserve the right to reject or terminate the use of anyusername that we deem offensive or inappropriate.Email, Mobile Phone Numbers and Opt-Out ChoicesBy providing us with your email address, you consent to our using your email address tosend you required notices related to our services, including among other things, noticesrequired by law, instead of using the United States postal services. You may not opt outof service notices because they are required by law. We may also send you othermessages, including information about our Content, features of our subscription,theoffers in our store and other information about TheoTRADEby email address or to yourmobile telephone number if you use a mobile device. You may opt out of such emailsby sending an email to support@theotrade.com. You may opt out of mobile textmessages and other special messages by contactingTheoTRADE customer service at1 (800) 256-8876, 10am -6pm ET Monday through Friday or emailsupport@theotrade.com24 hours a day, 7 days a week.RefundsSubscriptionsWe reserve the right to charge subscriptions for ourContent and to change subscription prices at anytime. We do not issue pro-ratedrefunds for fees paid for those subscriptions, TheoTRADEhas never anddoes notcurrently provide price protection or refunds in the event of a price reduction orpromotionaloffering.3. Participation and Use of ContentViewing Content Viewing Content requires compatible devices, Internet access, and certain software(fees may apply); may require periodic updates; and may be affected by theperformance of these factors. High-speed Internet access is strongly recommended forregular use and is required for video. The latest version of the required software isrecommended to access Content and may be required for certain transactions orfeatures. You agree that meeting these requirements, which may change from time totime, is your responsibility.Content AvailabilityTheoTRADE reserves the right to change Content options (including eligibility for particularfeatures) without notice.Call-InsWhen you voluntarily call-in to speak with any employee or representative ofTheoTRADE,whether on the live show or off the air, topics of conversation may include stock markettechnical analysis and trading techniques and strategies designed to minimize risk andenhance profitability, so that you may gain the skills and confidence to start managingyour own investments.The risk of loss in trading securities, options, futures and forex can be substantial. Youmust consider all relevant risk factors, including your own personal financial situation,before trading. Options involve risk and are not suitable for all investors.The TheoTRADEemployee or representative is not a licensed financial advisor, registeredinvestment advisor or registered broker-dealer and does not provide investment orfinancial advice or make investment recommendations. The TheoTRADE employee orrepresentative is not in the business of transacting trades, nor does he or she agree todirect your commodity accounts or give trading advice tailored to your particularsituation. Nothing contained in the call-in service constitutes a solicitation,recommendation, promotion, or endorsement of any particular security, otherinvestment product, transaction or investment.When speaking directly to a TheoTRADE employee or representative, you acknowledge and agree that you are assuming the entire risk of any and all trades you place in thestock market. You agree, at all times, to indemnify, defend and holdTheoTRADE, itsemployees, representatives and affiliates harmless from and against any and all claims,actions, demands, suits, losses, and costs (including attorneys’ fees) resulting fromtrades you place in the market.YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMISSIBLEBY LAW,THEOTRADEANY OF ITS AFFILIATES, OR ITSRESPECTIVE SUCCESSORS AND ASSIGNS, OR ANY OF ITS RESPECTIVEOFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES,LICENSORS, OPERATIONAL SERVICE PROVIDERS, ADVERTISERS, ORSUPPLIERS, SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE, OF ANY KIND,DIRECT OR INDIRECT, IN CONNECTION WITH OR ARISING FROM USEOFEDUCATIONAL SERVICES PROVIDED AS PART OF THEPRODUCTS AND SERVICES, INCLUDING, BUT NOT LIMITED TO,COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL ORPUNITIVE DAMAGES.Use of ContentYou agree that the Site and certain TheoTRADE products include security technology thatlimits your use of Content and that, whether or not Content is limited by securitytechnology, you shall use Content in compliance with the applicable usage rules belowestablished by TheoTRADE (“Usage Rules”), and that anyother use of the Content mayconstitute a copyright infringement. Any security technology is an inseparable for of theContent and related products, TheoTRADE reserves the right to modify the Usage Rules atany time. You agree not to violate, circumvent, reverse-engineer, decompile,disassemble, or otherwise tamper with any of the security technology related to suchUsage Rules for any reason-or to attempt or assist another person to do so. You agreenot to access the Content by any means other than throughwww.theotrade.com, or through other approved sources, includingRoku, Apple TV, Apple Radio, iTunes, Google Play Store, Amazon, YouTube, or through our mobile trading applications. You shallnot access or attempt to access a Login that you are not authorized to access.Usage Rules(i) You shall be authorized to use Content only for personal, noncommercialuse.(ii) You will be able to access your Content on any computer, device, ormobile device that permits you to successfully enter your Login and verifyyour registration status.(iii) You shall NOTbe entitled to burn any Content.(iv) You must be connected to an approved TheoTRADE source, when viewingContent and you may do so on your computer, devices, or mobile devices.If you needany further clarifications, please email us at support@theotrade.com.• Attribution: You must give TheoTRADE appropriate credit by displaying avisible link back to theotrade.com and by explicitly referencing TheoTRADEas the original source of the content and materials. Logos within thevideos and visuals must remain untouched and unedited.The delivery of Content does not transfer to you any commercial or promotional userights.You acknowledge that if TheoTRADE changes any part of or discontinues the Content orproducts and services, which it may do at its election, you may not be able to useContent or products and services to the same extent as prior to such change ordiscontinuation, and that TheoTRADE shall have no liability to you in such case.4. Applications & Additional ServicesFrom time to time,TheoTRADEmay choose to offer additional services to Registrants orto the general public through the Site, an alternate Web Site owned and operated byTheoTRADE, via email, or through an approved third party, including but not limited to theApple iTunes Store and/or the Google Play Store. We may add additional products andservices that may involve additional fees. If we add additional services, we will describethose services and the related charges and fees on the Site. TheoTRADE UnlimitedStreamingPayment Process and Automatic RenewalBy becoming aTheoTrade Unlimited Streaming subscriber, you acknowledge and agree to pay to us a subscriptionfee that will be charged to you in any of the following ways: (i) a premium monthly subscription fee of $99 or quarterly subscription fee of $297, plus any applicable taxes, (ii) a premium annual subscriptionfee of $997, plus any applicable taxes. From time to time, TheoTRADEmay offer a promotion for a discountedsubscription fee. The discounted subscription fee promotion is for one period only,unless otherwise stated in the promotion offer details.You can cancel your subscriptionat any time (see details on cancellation below).Your purchase of a TheoTRADEUnlimited Streamingsubscription will be processed by one of the third-partyprocessors with whom we have contracted. You will be required to represent to thatthird-party processor that you have the legal right to use the payment method youprovide to such third-party processor (the "Payment Method").If you choose the recurring billing option, we will bill your Payment Method the TheoTRADE Unlimited Streamingsubscription fee at the beginning of your TheoTRADE Unlimited Streamingsubscription (the “Initial SubscriptionDate”) and automatically bill your Payment Method at each subsequent anniversarydate following the Initial Subscription Date on the calendar day corresponding to yourInitial Subscription Date, until you cancel your subscription. In the event a monthlysubscription begins on a day not contained in a given month, we will bill your PaymentMethod on the last day of such month. For example, if you became a paying subscriberon January 31, your Payment Method for the next month would be billed on February28. We will give all notices of renewal as required by law. You must cancel yoursubscription before it renews for either the week period or one-month period, asapplicable, in order to avoid automatic billing of the next one week or one monthperiod’s subscription fees to your Payment Method.YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW AND WE WILLAUTOMATICALLY BILL YOU FOR THE RENEWAL UNLESS YOU CANCEL YOURSUBSCRIPTION.WE WILL BILL YOU FOR RENEWALS USING THE PAYMENT OPTION YOU SELECTED AND AUTHORIZED AT THE TIME OF YOUR INITIALSUBSCRIPTION PURCHASE, UNLESS YOU NOTIFY US AT LEAST THREE (3)BUSINESS DAYS PRIOR TO YOUR RENEWAL. SEE DETAILS ONCANCELLATION BELOW.If you want to use a different Payment Method or if there is a change in your credit card,debit card or bank account and it is no longer valid or expires, you may edit yourPayment Method information online on you’re My Accountpage, or by calling CustomerService at1(800) 256-8876or by e-mailing support@theotrade.com, and we will directyou on how to do so via your My Accountpage. If the card or account that you used as aPayment Method has expired, your continued use of the service constitutes yourauthorization for us to continue billing that Payment Method, which would be yourrenewed credit card or debit card and you remain responsible for any uncollected amounts. If a charge to your credit card, debit card or other Payment Method isdeclined for any reason, we shall have the right to terminate or suspend your access toTheoTRADE Unlimited Streaming.We rely on our third-party payment processors to notify you whenyour credit cardor other payment option has been declined.How to Cancel Your TheoTRADE Unlimited StreamingYou may cancel yourTheoTRADE Unlimited Streamingat any time by emailingsupport@theotrade.com 24 hours a day, 7 days a week.Cancellation of your subscription will be effective within three (3) business daysafter cancellation. EXCEPT ASEXPLICITLY PROVIDED IN THESE TERMS AND CONDITIONS, WE DO NOTPROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL SUBSCRIPTION PERIODSOR UNUSED SERVICES, UNLESS OTHERWISE REQUIRED BY APPLICABLE LAW.Changes to Our Subscription Payment, Billing and Cancellation PoliciesWe will e-mail our subscribers to notify them of any changes to our TheoTRADE UnlimitedStreamingsubscriptionpayment, billing and cancellation policies. You will be given an opportunity to cancelyour subscription before any changes become effective.Payments and Refunds forPrice Changes
By Making This Purchase You Agree to Our Terms of Use Above.