We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including, but not limited to, registered users.
1. Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials or as automatically cached by your browser for display enhancement purposes.
2. You may download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use. This single copy shall not be used not for further reproduction, publication, or distribution.
3. If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by any end user license agreements for such applications.
4. You may display or share intellectual property owned by us in a manner which we explicitly authorize in writing.
You must not modify any materials from this site, whether originals or copies, use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text, delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site. If you wish to make any use of material on the Website other than that set out in this section, please submit a request to: compliance[@]SmartTrader.com
By ordering any subscription of Website (including a free trial period) you confirm that you authorize us to automatically charge your credit card, bank card or PayPal account according to the billing period manually selected by you. The products and services are billed in advance on a monthly, yearly, or 2-year basis. All billing, except for the 2-year plans, is recurring, which means you will continue to be billed until you cancel your subscription. For 2-year plans, we will notify you not less than seven (7) days before the end of your plan, at which time you must affirmatively renew your subscription. Failure to renew your 2-year subscription will result in termination of the features associated with that subscription.
By purchasing our products and providing payment account information, you agree to these payment terms and conditions. If you purchase our products under any promotional subscription fee, some additional restrictions may apply. These restrictions, if any, will be provided to you before you purchase the product or service that is subject to the promotion. Free or discounted introductory offers are only available to new users of our products, except where expressly stated. Fees are non-refundable except as required by law or as explicitly set forth herein. You will pay all applicable fees when due and, if such fees are being paid via credit card or other electronic means, you authorize us to charge such fees using your selected payment method. Where necessary, your accounts are set to auto-renew and may require recurring payments. Fees will be charged on a basis determined by your subscription. We may automatically charge you for such renewal on or after the renewal date associated with your account unless either you or we have terminated the relationship.
You must cancel prior to its renewal date in order to avoid billing of the next period’s fee. If you choose to cancel, you may continue using our products until the end of the current billing period but will not be issued a refund for the most recently (or any previously) charged fees. Other terms and conditions may apply depending on the product purchased by you. For additional information, please contact us at compliance[@]smarttrader.com We may revise fee rates and/or the billable amount structure for the products from time to time and will provide you with email notice of any changes in fees at least fifteen (15) days prior. You are responsible for providing complete and accurate billing information to us. Rates are established for individual/personal use by you. Corporate or “bulk pricing” is available only on request. If you desire corporate or “bulk pricing” then you must complete the required documentation and submit it to us. We, in our sole and absolute discretion, may approve or reject the corporate or “bulk pricing” request.Cancellations and Refunds
You are solely responsible for properly canceling your subscription. An email request or support ticket asking for your subscription to be cancelled is not considered cancellation until actually canceled. You may cancel your subscription at any time. To learn how to cancel your plan, visit How To Change Your Plan. If you cancel your subscription before the end of your current paid up period, your subscription will remain active until the next due date. After the due date, if no payment is received, your subscription will be stopped. We do not offer refunds for initial payments. If you purchase our products or services for the first time, it is solely your responsibility to make sure that the order is correct before the payment is made. We do not offer refunds for recurring monthly payments. If you have been billed for automatic monthly renewal of your subscription, you can cancel the subscription to avoid billing for the following months. We do not offer refunds for Education or Premium products.
We offer refunds for recurring yearly and 2-year payments for any amount of the period which has not been used. If you have been billed for automatic yearly renewal or 2-year plans of the Website, you have seven (7) calendar days (after the payment was made) to contact support[@]smarttrader.com. If you don’t do this, we assume that renewal of the website is expected, and the payment will not be refunded. If you upgrade your plan during your subscription period you will immediately be billed for the prorated amount of the upgrade until your next billing cycle, which will then reflect the upgraded amount. If you downgrade your plan during a subscription period, you will not receive a refund and you will be billed for and access to the upgraded plan at the end of your billing cycle. We reserve the right in our sole discretion to permit or deny any refunds based on the circumstances.Trading Accounts
We are not and make no representation of being a Brokerage firm. We will never be the custodian of client assets or the counterparty to your transaction. All trading is done between the user and the users brokerage firm directly. We are not liable for any errors, omissions, or other interruptions or problems with services provided by brokerage firms or third party vendors connected to our Website. We only provide a platform to potential enhance the user’s analysis of the markets. We take no responsibility to gains or losses if a user links their trading accounts to the software. Delays in execution may occur using our Website for various reasons, such as technical issues with the trader's internet connection. Due to inherent volatility in the markets, it is imperative that traders have a working and reliable internet connection. There are circumstances when the trader's personal internet connection may not be maintaining a constant connection with the servers due to a lack of signal strength from a wireless or dialup connection. A disturbance in the connection path can sometimes interrupt the signal, causing delays in the transmission of data between the software and the user’s broker server. There are risks associated with utilizing an internet-based deal-execution trading system including, but not limited to, the failure of hardware, software, and internet connection, and we take no responsibility for any potential losses.Bitcoin
THIS SECTION APPLIES IF YOU ARE PAYING WITH BITCOIN. PLEASE READ IN FULL BEFORE USING ANY BITCOIN PAYMENT FEATURES.
We reserve the right in our sole discretion to accept or not accept Bitcoin payments. Our ability to accept Bitcoin as payment is powered by our third-party vendor, Bitpay. We do not guarantee and are not responsible for the availability of Bitpay’s services. All Bitcoin payments are subject to Bitpay’s terms of service, and you should familiarize yourself with those terms before using the Website features associated with Bitcoin.
Before completing your purchase, you will need to complete all steps and actions required by Bitpay. You will be emailed a Bitpay invoice, where you will see the total cost of your purchase in Bitcoin. The amount of Bitcoin due will be based on an exchange rate set by Bitpay compared to the price of Market Trader Institute, Inc.’s products and services. The Bitcoin price for your purchase will remain valid for no longer than 10 minutes. If you do complete all the steps required for payment within this 10-minute window, the Bitcoin exchange rate set by Bitpay will be updated and the Bitcoin price for your purchase may change. A transaction fee will be added by the Bitpay Bitcoin network to the total cost in Bitcoin of your Purchase. We have no control over this fee and our company does not receive any portion of the fee.
ALL BITCOIN TRANSACTIONS ARE IRREVERSIBLE AND FINAL ONCE SUBMITTED. Once you initiate a Bitcoin transaction, you cannot cancel it for any reason. This is a facet of the Bitcoin payment method and not our policy. However, payments made in Bitcoin may still be refunded according to our refund policy in the section Cancellations and Refunds and Bitpay’s refund policy.
Underpayments and overpayments will not process correctly. If you attempt to initiate a payment of Bitcoins different from the exact cost of the Purchase indicated by Bitpay, your Purchase will not complete. You will be required to re-submit payment for the correct amount in order to complete the Purchase. After a failed payment, the Bitcoin exchange rate may update, or you may be required to restart the process.
Transactions are only complete if they are confirmed. Once a Bitcoin transaction is submitted to the Bitpay service, it will be unconfirmed for a period of time (typically one hour but may be longer) until the transaction is fully verified by Bitpay. Until this verification is received, the transaction is incomplete and will not be considered received by us. If the transaction is not verified, you must attempt to submit the transaction again under these terms.
By paying in Bitcoin, you specifically, but not exhaustively, expressly represent and warrant that you are not transacting with Bitcoin obtained or used in connection with any crime, fraud, or other illicit activity. We bear no responsibility or liability for your use of Bitcoin, or any technical or human failures associated with your use.Trademarks
The Company name, the term SmartTrader, our logo, and all related marks, names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.Prohibited Uses
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website.
YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY SUCH PARTIES DURING OR AS A RESULT OF INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
We do not and shall not attempt to review all material before it is posted on the Website and cannot ensure prompt removal of objectionable material after it has been posted. We assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.Electronic Delivery of Communications
You agree and consent to receive electronically all communications, agreements, documents, notices, disclosures, or other written instruments intended to convey certain information (collectively, “Communications”) that are provided in connection with your use of the Website and your use of our services. Communications include but are not limited to:
- Copies of agreements you have signed;
- Transaction receipts or confirmations; and
- Any other information pertaining to our relationship with you or the product you purchased.
We will provide these Communications to you by posting them and/or by emailing them to you at the email provided by you in any contact information you provide.
In order to access and retain electronic Communications, you will need the following minimum computer hardware and software:
- a computer with an Internet connection;
- a current web browser that includes 128-bit encryption (e.g. Internet Explorer version 6.0 and above, Firefox version 2.0 and above, Chrome version 3.0 and above, or Safari 3.0 and above) with cookies enabled;
- Adobe Acrobat Reader version 8.0 and above to open documents in .pdf format;
- a valid email address; and
- sufficient storage space to save Communications or an installed printer to print them.
We will notify you if there are any material changes to the hardware or software needed to receive electronic Communications as they pertain to your profile with us. By giving your consent, you are confirming that you have access to the necessary equipment and are able to receive, open, and print or download a copy of any Communications for your records. You may print or save a copy of these Communications for your records as they may not be accessible online at a later date.HOW TO WITHDRAW YOUR CONSENT
You may withdraw your consent to receive Communications electronically by clicking any available unsubscribe links or writing to us at:
Smart Trader, LLC
ATTN: Online Compliance
3900 Millenia Blvd. Ste. 200
Orlando, FL. 32839
If you fail to provide or if you withdraw your consent to receive Communications electronically, we reserve the right to either deny you access to the Website, charge you additional fees for paper copies, or any other action we deem appropriate.
If, after you consent to receive Communications electronically, you would like a paper copy of a Communication previously sent to you, you may request a copy within 180 days of the date the Communication was provided to you by contacting us as described above. We will send your paper copy to you by U.S. mail. In order for us to send you paper copies; you must include the address you want a paper copy sent to in the request for any electronic records, as well as a sufficient description of the Communication. If you request paper copies, you understand and agree that we may charge you a fee for requesting such paper records.
It is your responsibility to keep your primary email address up to date so that we can communicate with you electronically. You understand and agree that if we send you an electronic Communication but you do not receive it because your primary email address on file is incorrect, out of date, blocked by your service provider, or you are otherwise unable to receive electronic Communications, we will be deemed to have provided the Communication to you.
Please note that if you use a spam filter that blocks or re-routes emails from senders not listed in your email address book, you must add us to your email address book so that you will be able to receive the Communications we send to you.
You can update your primary email address or street address at any time by contacting us. If your email address becomes invalid such that electronic Communications sent to you by us are returned, we may deem you to be inactive, and you will not be able to access any information until we receive a valid, working primary email address from you.Content Standards
If you believe that any User Contributions violate your copyright, please contact legal[@]smarttrader.com. We prohibit all forms of intellectual property infringement including, but not limited to, copyright and trademark infringement and reserve the right, in our sole discretion and unilateral action to remove such material.Reliance on Information Posted
The information presented on, about, or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
This Website includes content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators and other services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.Changes to the Website
We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.Information About You and Your Visits to the Website
You may link to our Website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.
We may disable all or any social media features and any links at any time without notice in our discretion.Links from the Website
If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.Geographic Restrictions
The owner of the Website is based in the state of Florida in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.Disclaimer of Warranties
We cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.
WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.Limitation on Liability
IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.Indemnification
This website is owned and operated by Smart Trader, LLC located at 3900 Millenia Blvd. Ste. 200, Orlando, FL 32839. All notices of copyright infringement claims should be sent to compliance[@]smarttrader.com. All other feedback, comments, requests for technical support and other communications relating to the Website should be directed to your designated support contact, depending on the subscription plan you have selected.