Terms and Conditions
I. Overview
II. No Recommendations/Advice Provided
III. No Warranty
IV. Forums and Trading Room Rules
V. Trials
VI. Memberships
VII. Seminars and Software
VIII. Refund Policy
IX. Site is Evolving
X. Privacy
XI. Intellectual Property
XII. CAN-SPAM Compliant
XIII. Indemnification
XIV. Limitation of Liability
XV. Termination and Survival
XVI. Controlling Law
XVII. Entire Agreement
Last updated on 5/4/18
I. Overview
READ THE FOLLOWING CAREFULLY BEFORE YOU ACCESS OR USE RMSMARTINVESTING.COM OR ANY AFFILIATED SITES (COLLECTIVELY, THE “SITE”), ON WHICH THESE TERMS AND CONDITIONS (THE “AGREEMENT”) ARE POSTED. BY YOUR CONTINUED USE OF THE SITE, YOU ACKNOWLEDGE THAT YOU ARE 18 YEARS OF AGE OR OLDER , HAVE THE RIGHT, AUTHORITY AND CAPACITY TO ENTER INTO THIS AGREEMENT, OR YOU ARE OF THE LEGAL AGE REQUIRED TO FORM A BINDING CONTRACT IN YOUR JURISDICTION IF THAT AGE IS GREATER THAN 18 AND YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THIS AGREEMENT.
The Agreement governs the relationship between you and Simpler Trading, LLC (the “Company”). All supplemental terms and rules issued by the Company that apply to the use of the Site, including those regarding Privacy and additional Disclaimers, form an integral part of this Agreement and are incorporated herein by this reference.
If you have any questions relating to the Site or Membership (as defined below), they can be sent to the attention of our Customer Service by email to [email protected]. The publication of electronic mailaddresses is to facilitate communications relating to the use of the Site andmust not be inferred as consent by us to receiving unsolicited commercial electronic messages.
You understand and agree that the Site is provided by Company and may be terminated or otherwise discontinued by Company at its discretion pursuant to this Agreement.
By accepting this Agreement, you agree that you will not:
1. Monitor, harvest, collect or attempt to obtain passwords or other Account information from or about other users of the Site, disclose your, or another person’s personally identifiable information;
2. Impersonate another person, attempt to mislead others by indicating that you represent the Company, any of its partners, affiliates, or related companies, or express or imply that any statements that you make or actions you take are endorsed by Company;
3. Download or copy any content, paid or free, except as may occur through the normal caching function of your browser and except to print and retain a copy for your own personal, non-commercial use;
4. Reproduce, republish, upload, post, transmit, modify, distribute or publicly display any of the content except as expressly authorized in this Agreement;
5. Outside the Site, sell, advertise or post information granted to you through the Site by setting up an Account and paying your membership fee; Probe, scan or test the vulnerability of the Site or breach its security or authentication measures; take any action that imposes an unreasonable or disproportionately large load on the infrastructure used to deliver the Site, Company’s systems or networks, or any systems or networks connected to the Site or Company.
II. No Recommendations or Advice Provided Information contained on the Site is educational in nature and designed to contribute to your overall understanding of various types of technical analysis and how the Company and it’s representatives apply this information to the financial markets. Company is not a Financial Advisor, Securities Broker-Dealer or Registered Analyst. No information contained on the Website is intended as securities brokerage, investment, tax, accounting or legal advice, as an offer or solicitation of an offer to sell or buy, or as an endorsement, recommendation or sponsorship of ay company, security or fund.
Trading of stocks, options, futures and cryptocurrencies may not be suitable for everyone and involves risks. You should consult your business advisor, legal, tax and accounting advisors concerning any contemplated transactions. By accessing the Site you acknowledge the risks involved in trading the stock, options, futures and cryptocurrency markets and acknowledge that you, the user, are solely responsible for any losses, financial or otherwise, as a result of using this Site. Company cannot and does not assess, verify or guarantee the adequacy, accuracy or completeness of any information, the suitability or profitability of any particular investment, or the potential value of any investment or informational source. You are responsible for conducting your own investment research and decisions. Company in no way warrants the solvency, financial condition, or investment advisability of any of the securities mentioned on the Site or any linked site.
U.S. Government Required Disclaimer – Commodity Futures Trading
Commission
Futures, options and stock trading has large potential 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 futures, options or stock markets. Don’t trade with money you can’t afford to lose. This website is neither a solicitation nor an offer to Buy/Sell futures, options or stocks. No representation is being made that any account will or is likely to achieve profits or losses similar to those discussed on this website. The past performance of any trading system or methodology is not necessarily indicative of future results.
You should view our additional Disclaimers before continuing to use the Site. By accessing the Site you acknowledge and agree to the Disclaimers.
III. No Warranty
Company provides the Site on a commercially reasonable basis and does not guarantee that you will be able to access or use the Site at times or locations of your choosing, or that Company will have adequate capacity for the service as a whole or in any specific geographical location.
To the fullest extent permitted by law, the Site is provided on an “as is” and “as available” basis, for use at your own risk. To the fullest extent permitted by law, Company disclaims all warranties, representations and conditions, either express or implied, including without limitation implied warranties of merchantability, non-infringement or fitness for a particular purpose, in connection with the Site or Content with which it is linked. Company does not warrant that the Site will be uninterrupted or secure, that it will be available at any particular time, free of inaccuracies, errors, omissions, viruses or other harmful components, or will be corrected if found to be defective. We reserve the right to modify and/or discontinue the Site, or access thereto, at any time without notice. To the extent that you communicate with Company representative through any source, the statements and promises made or actions taken by them shall not limit or otherwise modify the terms of this disclaimer and/or this Agreement and this disclaimer and this Agreement apply to any information provided to you through such sources.
Company does not warrant that the Site or the servers that make the Site available will work with any particular hardware or software systems or configurations.
Some jurisdictions may not allow disclaimers of implied warranties and the above disclaimers may not apply to you to the extent prohibited.
Company shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of Company, including without limitation any failure to perform hereunder due to unforeseen circumstances
or cause beyond Company’s control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, network infrastructure failures, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.
IV. Forum and Trading Room Rules
The forums and live trading rooms are available as part of a paid
Membership (as defined below). By accessing the forum and/or live trading rooms, you agree to the following rules:
1. Do not share your logon password or username. 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, repost or otherwise distribute or transmit content or images presented on this site.
Unauthorized use of or copying of our content, trademarks and other proprietary materials can subject you to civil or even criminal liability. If there is something you would like to share that does not have a social sharing icon, please reach out to us first.
3. No advertising, soliciting of members, trading of goods or services, or other commercial use is allowed in our forum and/or trading rooms. No bulk e-mail, junk mail or spam, chain letters, private messages or repeat postings of the same message is permitted anywhere on the forum or live trading room. Soliciting of members is strictly prohibited and will result in the immediate termination of your subscription and/or Membership to Simpler Trading and any affiliated website . Violation of this rule can result in criminal penalties.
4. Unsubstantiated income or trading claims are prohibited in the trading room and forums. CFTC and NFA rules state that you cannot post hypothetical results unless they are marked as such. You agree to provide proof with any claim of trading results posted in the trading rooms and forums. If the results are hypothetical, you must clearly state that the trades are hypothetical before discussing the results. Violation of this rule can result in criminal penalties.
5. Do not post any personal information, including email address, phone number, physical address, or any other contact information in the group chat.
6. You must use your own name when posting to the discussion forum or trading room. Do not impersonate anyone else.
7. You understand that the primary purpose of the live trading rooms are for trading and analysis. While there is the opportunity to ask questions, the presenter may not be able to answer all questions presented. In addition, the presenter may not analyze specific stocks or ETFs that I choose.
8. You understand that when presenters are presenting, you will engage in the group chat only regarding the topic that the presenter is discussing. You will reserve general conversation for hours outside of live-trading.
9. Treat other subscribers with courtesy and respect when posting messages to the forums or live trading rooms. No unnecessary name calling or abuse toward any subscriber is allowed. Do not use vulgarity, obscenity, profanity, ethnic slurs, hate speech, or sexually explicit language in the forums and/or trading rooms. Do not defame others or harass, abuse or threaten other subscribers and/or members in the discussion forum or trading rooms.
10. By posting content to any of the SimplerTrading.com, or affiliated site, forums and live trading rooms, you permit us to display and distribute the content, and to use it for advertising and promotion. You grant SimplerTrading.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.s Simpler Trading does not edit or monitor messages posted on the forums and/or trading rooms, however, we have the right to remove or edit postings that we decide, in our sole discretion, violate these Terms and Conditions or are otherwise inappropriate or illegal. You are solely responsible for any message you post to the forums and/or live trading rooms. Violation of these rules may result having your access suspended or terminated, being permanently banned from the use of the forums or live trading rooms, or having your Membership revoked indefinitely. In the event that a member is banned from forums or live trading rooms, that member will not receive a refund, prorated or otherwise, for violating this Agreement.
V. Trials
Company offers a trial membership (“Trial Offer”) for a period of seven (7) or thirty (30) days from the moment that you active such trial period by submitting your payment details (“Trial Period”). By submitting your payment details, you (i) accept the 7-day or 30-day Trial Offer; (ii) consent to us using your payment details in accordance with our Privacy Policy ; (iii) acknowledge and agree to Company’s Terms and Conditions and Disclaimers .
By signing up for a trial, your credit card will automatically be charged $7.00 or the relevant trial price as advertised. If you decide that you do not want to continue and purchase a Membership, you have to cancel your Trial Offer by emailing [email protected] .
Cancellation of your Membership is not official until you receive an email confirmation from Company. You must cancel your Trial Offer the day before the Trial Period ends .
If you do not cancel the day before the end of the Trial Period, you will automatically become an active member, and the credit card you provided will automatically be charged the Membership Fee for the Membership associated with the Trial Offer.
Trial Offers are limited to one per member unless otherwise invited via email or phone to participate in an additional Trial Offer.
Once you are an active member, your account will be renewed either monthly or for the appropriate renewal period, depending on your Membership. If you wish to cancel your Membership subscription after the Trial Period, you may do so by following the instructions in the Membership section. There are no refunds or credits for partial monthly subscriptions. If Company increases the Membership Fee you will be provided notice. By continuing to use your Membership you accept the new price, and the price change will take effect at the start of the next subscription period following the date of the price change.
VI. Memberships
The Site contains both free content and paid content. One way paid content is offered is in the form of memberships (“Membership”), which requires payment of an annual, semi-annual, quarterly or monthly fee (“Membership Fee”). By subscribing to a Membership, you agree to the following (“Membership Rules”):
1. You will not share your username and/or password with any
other party.
2. You will not reprint, republish, repost, or otherwise distribute or transmit content or images presented on this Site. If you would
like to share something from the Site that does not contain a
share icon, please contact [email protected]
PRIOR to doing so.
3. You will not advertise, solicit members, trade goods or services
or otherwise use or attempt to use the forum or live trading
rooms for commercial purposes. Bulk-email, junk mail or spam,
chain letters, private messages or repeat postings of the same
message is not permitted in the forum or live trading rooms.
Soliciting of members is strictly prohibited and will result
in immediate termination of your Membership, without
refund.
4. You will use your own name when posting to the discussion
forum and trading rooms and will not impersonate or attempt to
impersonate any other person(s) or entity.
5. You will treat other subscribers with courtesy and respect
when posting messages to the discussion group. This
includes, but is not limited to, refraining from vulgarity,
obscenity, profanity, ethnic slurs, hate speech, or sexually
explicit language that is targeted at harassing, abusing or
threatening other subscribers in the discussion forum and
trading rooms. Company has the right to remove any
messages or posts it deems, in its sole discretion, to be
abusive, derogatory, inappropriate or adverse to the policies
defined in these Terms and Conditions.
6. By posting content on the Site or it’s affiliated websites, you
permit Company to display and distribute the content and use
it for advertising and promotion. You grant Company the
complete, perpetual, non-exclusive right to use, modify, adapt,
translate, distribute, sub-license or in any way use the content
in whole or part, throughout the world, on a royalty-free basis.
Failure to abide by these Membership Rules can result in you being banned
from the forum or trading rooms, your account being suspended or
terminated completely, and even civil or criminal liability. Company, at its
discretion, may terminate your Membership for any reason or no reason. If
Company terminates your Membership, it will provide notice to you through
the email address associated with your account.
Memberships may be canceled at any time by either party. If you wish to
cancel, you may in one of the following ways:
1. Call (512) 266-8659 to cancel your account over the phone
2. Email [email protected]
Cancellation of your Membership is not official until you receive an
email confirmation from Company.
VII. Seminar and Software
In addition to free content and Memberships, Company provides Seminars
and Software for purchase. Seminars include classes, live seminars, and
mentorships. Software includes indicators and other software that may be
offered by the Company. Customers who purchase live Seminars are
provided with a link of the recording and any materials, if applicable,
following the seminar. There are no refunds on the purchase of
Seminars or Software.
VIII. Refund Policy
For Members who decide to cancel their Membership pursuant to the
cancellation policy defined in the Membership section, the following refund
policies apply:
Monthly Memberships
There are no refunds or credits of Membership Fees for partial monthly
subscriptions. Rather, the current subscription will run its course to the end
of the current billing cycle, at which point the Membership would then
become inactive and the account cancelled.
Quarterly, Semi-Annual and Annual Memberships
Certain Memberships receive reduced Membership Fees by paying in
advance for quarterly, semi-annual and annual Memberships (“Reduced
Membership Fees”). If you decide to cancel before the end of the relevant
quarterly, semi-annual or annual Membership purchased, you may receive
a Partial Refund. A Partial Refund shall be equal to the remaining months of
the Membership purchased minus the difference between the
month-to-month Membership Fee and the Reduced Membership Fee for the
time you were a member.
For the avoidance of doubt, you are responsible for the full month-to-month
Membership Fee for the months in which you used the Membership if you
choose to cancel your quarterly, semi-annual or annual Membership early.
In some cases, you may not be entitled to a refund at all if the refund for the
remaining months on the quarterly, semi-annual or annual Membership
would equal less than the difference between the Membership Fee and the
Reduced Membership Fee for the months already consumed.
If the credit card you provided for billing is cancelled without notice, the
entire amount left on the contract will be sent to a 3 rd party collection
agency.
Seminars and Software
There are no refunds for Seminars or Software purchased through the Site.
Coupons
Coupons are offered at the discretion of Company and may be granted,
refused or adjusted at any time, with or without warning. Sometimes offers
and discounts are made after you have purchased a Seminar, Software,
Membership or Trial. It is within Company’s sole discretion to offer a
coupon for the difference between your purchase price and the discounted
price.
IX. The Site is evolving and may result in changes to the Agreement.
You understand that the Site is an evolving one. Company may require that
you accept updates to the Site. Company reserves the right to change,
modify, add or remove portions of this Agreement, at any time, for any
reason, with or without notice to you, or to do any of the following:
1. Modify, suspend, limit or terminate operation of, or access to,
any portion of any feature or function of the Site or your
Membership and/or any of its applicable policies or terms,
including hours of availability;
2. Change any fees or charges that may be related to your use of
the Service;
3. Change the equipment, hardware or software required to
access the Service;
4. Interrupt the Service, or any portion of the Service, to perform
routine or non-routine maintenance, error correction or other
changes.
Any changes to the Agreement will be effective immediately upon notice,
which Company may provide by any means, including, without limitation, by
electronic posting, which will be effective immediately. You agree to check
this Agreement periodically for the new provisions that govern the Site. Your
continued use of the Site following the posting of changes will mean that
you accept and agree to them.
X. Privacy
Your privacy is very important to us. We designed our Privacy Policy to
make important disclosures about how we use your personal information.
We encourage you to read the Privacy Policy , and to use it to help you
make informed decisions.
XI. Intellectual Property
All content offered by Company on the Site, including, but not limited to, the
free materials and content, Membership materials and content, seminars,
software, any resources you receive through a representative of Company,
and all logos, slogans, and taglines (collectively and individually, the
“Content”), are protected by trademark and copyright laws.
You may not modify, publish, transmit, transfer, sell, reproduce, upload,
post, perform, display, create derivative works from, or in any way exploit
such Content or distribute it in any way to any other computer, server,
website or other medium for publication or distribution or for any commercial
purpose, except as Company expressly permits in this Agreement. Making
unauthorized copies of the Content may result in the termination of your
Account, prohibition to use the Site, and further legal action.
XII. CAN-SPAM Compliant
Simpler Trading is CAN-SPAM compliant, which allows for you to request
we stop sending you emails. Our emails contain “unsubscribe” options,
which you may use to stop receiving emails from Simpler Trading. If you
have any issues unsubscribing from our emails, please contact
XIII. Indemnification
You agree to indemnify, defend and hold Company, its subsidiaries,
affiliates, officers and employees harmless from any claim or demand,
including reasonable attorneys’ and experts’ fees and costs, arising out of
your use of this Site, including information made available to you through
this Site or the violation of this Agreement, including any breach of your
covenants or agreements hereunder. In addition, you agree to indemnify,
defend and hold Company, its subsidiaries, affiliates, officers and
employees harmless for any act resulting directly or indirectly from this Site,
its data, content, materials, associated pages and documents.
XVI. Limitation of Liability
You expressly understand and agree that, to the full extent permitted by
applicable law, Company is not liable for damages, losses and expenses of
whatever nature and however arising, including without limitation direct or
indirect, special, incidental, consequential, exemplary or punitive damages,
losses or expenses, including but not limited to, damages for loss of profits,
loss of investments, goodwill, use, data or other intangible loss, arising in
connection with this Site or use thereof or inability to use by any party, or in
connection with any failure or performance, error, omission, interruption,
defect, delay in operation or transmission, computer virus or line of system
failure, even if the Company or its representatives are advised of the
possibility of such damages, losses or expenses. Access hyperlinks to or
from other internet resources at your own risk and it is your responsibility to
take all protective measures to guard against viruses or other destructive
elements; the content, accuracy, opinions expressed and other links
provided by these resources are not endorsed by Company. This limitation
of liability applies whether the alleged liability is based on contract,
negligence, tort, strict liability or any other basis. Your sole remedy for
dissatisfaction with the Site and information on the Site is to stop using the
Site.
In the event that the foregoing disclaimer of liability is held to be invalid or
unenforceable, you agree that the maximum cumulative aggregate liability
of the Company to you for all damages, losses, and causes of action
(whether in contract, tort (including, without limitation, negligence and strict
liability), or otherwise) at any time shall be the lesser of $100 or the
aggregate cumulative amount paid by you to Company up to and including
the time of the incurrence of such liability, if any, to access the Site. You
agree that any cause of action arising out of or related to the Site must
commence within one (1) year after the cause of action accrues or the
cause of action is permanently barred.
XV. Termination and Survival
Any obligations which expressly or by their nature are to continue after
termination, cancellation, or expiration of these Terms and Conditions,
including but not limited to those addressing privacy and content ownership,
shall survive and remain in effect after such event. Furthermore, the
following sections of these Terms and Conditions shall survive any
termination or discontinuance of the Site or your access to it: Intellectual
Property, Indemnification, Limitation of Liability, Privacy (and the Privacy
Policy).
If you wish to terminate your Membership, you may do so by emailing
[email protected] . Upon our acceptance of your request, your
account and any personal information will be deleted (except for that
information that we are required to keep in compliance of any applicable
laws).
XVI. Governing Law
Company administers and operates the Site from Austin, Texas. This
Agreement is governed by and construed in accordance with the laws of the
State of Texas, without reference to its choice of law principles. The venue
for any dispute will be Austin, Texas. THE PARTIES EACH IRREVOCABLY
WAIVE THEIR RIGHT TO TRIAL BY JURY IN ANY ACTION ARISING
FROM OR RELATING TO THIS AGREEMENT.
XVII. Entire Agreement
This Agreement (including all agreements and policies referenced herein)
constitutes the entire agreement between you and Company with regard to
your use of the Site, and any and all other written or oral agreements or
understandings previously existing between you and Company with respect
to such use are hereby superseded and cancelled. Company will not accept
any counter-offers to this Agreement, and all such offers are hereby
categorically rejected. Your use of the Site is not intended and shall not be
deemed to create any agency, joint venture or other legal relationship of any
kind between you and Company other than that of independent contractors.
This Agreement may not be assigned by you.
Company’s failure to insist on or enforce strict performance of this
Agreement shall not be construed as a waiver by Company of any provision
or any right it has to enforce this Agreement, nor shall any course of
conduct between Company and you or any other party be deemed to modify
any provision of this Agreement. This Agreement shall not be interpreted or
construed to confer any rights or remedies on any third parties.
If any provision of this Agreement is found to be illegal, void or
unenforceable, then: (i) such provision (or portion thereof as applicable) will
be deemed to be restated to reflect as nearly as possible the original
intentions of the parties in accordance with applicable law, and (ii) the
remaining terms, provisions, covenants and restrictions of this Agreement
will remain in full force and effect. Notwithstanding the foregoing, if any
provision of this Agreement which is held null, void or otherwise ineffective
or invalid by a court of competent jurisdiction cannot be restated by such
court to reflect as nearly as possible the original intentions of the parties,
then that provision shall be deemed severable from this Agreement.