Website Terms of Use

Last Modified: April 2018

Acceptance of the Terms of Use

These terms of use are entered into by and between you and Smart Trader, LLC, a Florida Limited Liability Company with a principal address of 3900 Millenia Blvd. Ste. 200, Orlando, FL 32839 ("Company", "we", “our”, or "us"). The following, together with any documents, disclaimers, policies, web pages, or other writing incorporated by reference ("Terms of Use"), govern your access to and use of SmartTrader.com, any content, functionality and services offered on or through SmartTrader.com, associated products and services, or other software offered by Smart Trader, LLC directly or through third-party affiliates, and all instances of incorporation of these terms whether explicit or implicit (the "Website"), whether as a guest or a registered user.

Please read the Terms of Use carefully before you start to use the Website. By using the Website, you accept and agree to be bound and abide by these Terms of Use, our Privacy Policy, our User Guidelines and Community Rules, and any and all associated terms and conditions which are hereby incorporated by reference.. Further, you expressly acknowledge and agree that you have read and agreed to our Risk and General Disclaimer. If you do not want to agree to these Terms of Use and incorporated documents, you must not access or use the Website.

This Website is offered and available ONLY to users who are 18 years of age or older. By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company. If you do not meet all of these requirements, you must not access or use the Website. You are solely responsible for acquiring and maintaining the necessary tools, devices, and other infrastructure to access this website.

Changes to the Terms of Use

We may revise, update, and otherwise change these Terms of Use in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Website after such time as the update is posted. However, any changes to the dispute resolution provisions set forth in Governing Law and Jurisdiction shall not govern ONLY if the parties have actual notice of the filing of a dispute prior to such change.

Your use of the Website following the posting of revised Terms of Use shall constitute you agreeing and accepting the Terms of Use in their entirety. You should check this page each time you access this Website, so you are aware of any changes, as they are binding on you.

Accessing the Website and Account Security

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.

Your responsibilities include but are not limited to making all arrangements necessary for you to have access to the Website (i.e. purchasing internet access, ensuring a properly set-up computer, etc.) and ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.

To access the Website or related features you may be asked to provide your name, address, phone number, email, or other information. It is a required condition of your use of the Website that any and all information you provide on the Website is correct, current and complete. You agree, represent, and warrant that all information you provide to access this Website register your account, or otherwise provide to us, including but not limited to, through the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our policies.

If you choose, create, or are provided with a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your username, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You should use particular care when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. We have the right to disable any username, password, other identifier, or other access method whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

Intellectual Property Rights

The Website and its entire contents, features, and/or functionality (including but not limited to all software, text, displays, images, video and audio, the design, or other information displayed thereupon), are owned by the Company, third-party licensors, or others and are protected by United States and international copyright, trademark, patent, trade secret, and other laws. These Terms of Use permit you to use the Website for your personal, non-commercial use only. except as otherwise permitted by us. You must not reproduce, distribute, modify, create derivative works, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website, except as follows:

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

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will cease immediately. No right, title or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

Payment

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.

Payment may be due for use of this Website, or related products and services. Payment terms will be described under each product and service, in these Terms of Use, in an applicable customer contract, invoice, checkout page, or on another written instrument for each product or service. To ensure your continued access to the Website, please ensure that you comply with any and all payment terms as described. Company reserves the right to terminate your access to Website in the event of your failure to comply with any payment terms. To the extent that this section Payment Terms conflicts with any payment terms listed elsewhere, the listed payment terms shall govern.

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

You may use the Website only for lawful purposes and in accordance with these Terms of Use and Community Guidelines. You agree not to use the Website, directly or indirectly, for any purpose which indirectly or directly causes harm, irritation, damage, violates the law, generates spam, is offensive, defrauds, interferes with, or otherwise negatively impacts us, our affiliates, our Website, or any other party. This includes, but is not limited to, the distribution of computer viruses, DDoS attacks, and fraudulent emails. We reserve the right to determine, at our sole discretion, if an action using our Website is prohibited and take any and all remedy we deem appropriate.

User Contributions

The Website may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features (collectively, "Interactive Services") that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, "post") content or materials (collectively, "User Contributions") on or through the Website. All User Contributions must comply with the Content Standards set out in these Terms of Use and Community Guidelines. Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose.

You represent and warrant that you own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns and all of your User Contributions do and will comply with these Terms of Use. You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have fully responsibility for such content, including its legality, reliability, accuracy and appropriateness. We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Website.

Monitoring and Enforcement; Termination

We have the right to remove or refuse to post any User Contributions for any or no reason in our sole discretion, take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public or could create liability for the Company, disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy, take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website, terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms of Use.

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

compliance[@]SmartTrader.com

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

These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable, promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age, infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person, violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy, be likely to deceive or defraud any person, promote any illegal activity, or advocate, promote or assist any unlawful act, cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person, impersonate any person, or misrepresent your identity or affiliation with any person or organization, involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising, give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case, or other similar such factors.

Copyright Infringement

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

All information we collect on this Website is subject to our Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Online Purchases and Other Terms and Conditions

All purchases through our site or other transactions for the sale of goods, services, or information formed through the Website or as a result of visits made by you are governed by our terms and conditions (as applicable) which are hereby incorporated into these Terms of Use.

Additional terms and conditions may also apply to specific portions, services or features of the Website. All such additional terms and conditions are hereby incorporated by this reference into these Terms of Use.

Linking to the Website and Social Media Features

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.

This Website may provide certain social media features that allow you to send communications via email or other services, link third party websites, and other functionalities. You may use these features solely as they are provided by us, solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms of Use. The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards and Community Guidelines [

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

You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or other such amounts incurred arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, your User Contributions, any use of the Website's content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Website.

General Legal Provisions

Governing Law and Jurisdiction. All matters relating to the Website and these Terms of Use and any dispute or claim arising therefrom or related thereto, shall be governed by and construed in accordance with the internal laws of the State of Florida without giving effect to any choice or conflict of law provision or rule. Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the state and/or federal courts located in Orange County, Florida. You waive any and all objections or defenses of personal or other jurisdiction over you by such courts and to venue in such courts. Arbitration. At our sole discretion, we may require you to submit any disputes arising from the use of these Terms of Use or the Website, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration applying Florida law. Such arbitration will take place in the offices of the available American Arbitration Association geographically nearest to our principal address and shall be conducted in accordance with the American Arbitration Association’s Consumer Arbitration Rules or Commercial Arbitration Rules and Mediation Procedures as applicable and elected in our sole discretion. Limitation on Time to File Claims. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. Waiver and Severability. No waiver of by the Company of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable that provision shall be modified to mostly closely resemble the intent of the parties while becoming enforceable and the remaining provisions shall remain in full effect. If such a provision cannot be modified, it shall be stricken and deemed as if never having been a part of these Terms of Use and the remaining provisions shall remain in full effect. Entire Agreement. The Terms of Use, our Privacy Policy, and other documents referenced herein constitute the sole and entire agreement between you and us with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website. Headings. Headings are solely for convenience and shall convey no legal right or obligation. Interpretation. Ambiguity shall not be construed in favor of the non-drafting party. Force Majeure. We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms of Use when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable.

Contact Us!

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.