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1. Scope of Agreement
Under
this Agreement ("Agreement"), The Bastiat Group, Inc. ("Trading From
Main Street", "TradingFromMainStreet.com", "we", "our" or "us") makes
available on-line financial information and services (the "Service") to
registered subscribers, members or authorized users ("you", "your",
"trialer", "member" or "subscriber"). By registering for any services
or sponsorships through our site, you agree to accept the terms of use
covered below. The term "use" means the use and availability of, access
to, transmission to or from or any exchange of information or
communication in connection with or arising from the Service. The
Service is offered to you conditioned on your acceptance without
modification of the terms, conditions, and notices contained herein.
This
is the entire agreement between you and us, superseding prior
agreements regarding its subject matter. Whenever new products or
services become available, your use of them will be under this
Agreement unless we notify you otherwise. You must comply with any
additional terms which apply to third-party content, software or other
services. We may change this Agreement at any time and we will send you
notice of any changes via email. Changes will take effect 30 days after
we send you notice ("effective date"). You can read a current copy of
this Agreement any time by selecting "Subscriber Agreement" on our
Member Services page. If any change is not acceptable, you may
terminate your subscription as described below, but using the Service
after the effective date means you accept the changes.
2. No Liability:
A.
The Trading From Main Street Service is designed to provide
information in regard to daytrading, swingtrading and investing in the
U.S. Stock Market and makes no warranties or guarantees to the content
or accuracy of any information presented by any individuals in the chat
room including those from members, trial members, and/or staff of
Trading From Main Street. Recommendations to buy, sell, short or
otherwise place orders relating to stocks or other securities in this
room are the views of the individual only. You absolutely must make
your own decisions before acting on any information gained from this
chat room.
B.
The Service is marketed with the understanding that the principles of
Trading From Main Street are not engaged in rendering legal,
accounting, or other professional service. The information and
commentaries are not meant to be an endorsement or offering of any
stock purchase. They are meant to be a guide only, which must be
tempered by the investment experience and independent decision making
process of the subscriber and trial member. Trading From Main Street or
any employees are in no way liable for the use of the information by
others in investing or trading in investment vehicles utilizing the
principles disclosed herein. Trading From Main Street or any of its
employees do not represent themselves as acting in the position of an
investment advisor or investment manager for the use of the information
in this service. It is further understood that before the member
utilizes the techniques suggested by this service, the member should
consult a professional stock broker or competent financial advisor. The
past result of any trading or investment system are not necessarily
indicative of future performance.
3.
Subscription/Sponsorship Policy:
You
will provide us with accurate and complete registration information and
advise us promptly of any changes. If you don't, you will be in breach
of this Agreement allowing us to immediately terminate your
subscription and use of the Service. When you register, you will
receive a user name and password which we may assign or allow you to
select. You may not select a user name which violates anyone's rights
or one, in our sole discretion, we consider offensive, improper or
inappropriate. If you do, we can modify or delete it.
4. Charges and Billing
Practices:
A.
Payment: Payment for your subscriptions or
sponsorships
are due and automatically billed monthly on your sign up date every
month for recurring subscriptions and is billed as a one-time fee for
non-recurring services at the time you subscribe to the service.
B. Cancellation: you can terminate your subscriptions or
sponsorships at any time by emailing support@tradingfrommainstreet.com. A confirmation email
will be sent to you. All termination requests must be made at least
three days prior to your next billing to allow for your cancellation to
be processed. If you decide to cancel your subscription or sponsorship
after three days prior to your next billing or after the start of your
next month's billing cycle, you will not be entitled to a refund. We
do not offer pro-rates or refunds for monthly subscriptions.
Termination will take effect at the end of the current monthly billing
cycle. Any delinquent or unpaid amounts for subscription services must
be paid in full before you may re-register or re-subscribe to our
Service. If your right to use the Service terminates, you may
not use the Service without our express permission. You may not allow
anyone else whose subscription was terminated to use the Service
through your subscription, user name or password.
C.
Chargebacks.
We take chargebacks very seriously because they affect our standing
with our merchant processor. As a result, should you break the terms of
use and issue an illegal chargeback against us through your credit card
company, we will seek compensation through an authorized collection
agency. It is important to note that this can have long-lasting effects
on your credit score, so we urge you to resolve any conflicts with us
directly and be aware of our cancellation and refund policy before you
commit to any subscriptions or sponsorships to our websites.
D. Security: You are responsible for all use, activities and
charges associated with or arising from your subscription and use of
the Service, including any unauthorized charges or use under your
subscription, user name and/or password.
E. Liability: You will be liable for attorneys' and
collection fees if we have to collect unpaid amounts you owe us. If you
do not notify us of discrepancies within 60 days after they first
appear on any statement we send you, you will be considered to have
accepted the amounts due to be correct. We may refer to such acceptance
if we receive any inquiries from you or relating to your account, any
judicial, regulatory or governmental authority or anyone else. You
release us from all liability and claims of loss resulting from any
error or discrepancy that is not reported to us within 60 days of our
sending a statement to you or from when we otherwise give you notice,
whichever is sooner.
F. Fee and Billing Changes: We reserve the right, at any time
and from time to time, to change our subscription fees and billing
methods or separate charges for information, material (defined below)
or services. Such changes will not affect services of a recurring
nature as long as the subscriber remains active. An active subscriber
is one who has not canceled the service.
G. Billing and Refund Policy: Unless otherwise stated, the
service is billed on a recurring basis in advance in accordance with
the package activated, whether it be monthly, quarterly, or yearly.
Refunds are not offered for monthly memberships or sponsorships and
refunds on quarterly and yearly memberships are processed at the
regular monthly rate and if any fees remain, they will be reimbursed.
We do not offer pro-rates.
5. Rights and
Responsibilities:
A.
Use of Materials: The Service presents
information, data,
content, news, reports, programs and other materials and services,
communications, transmissions and other items, tangible or intangible,
which are referred to as "Materials." Materials can be furnished, made
available and/or accessible from one party to another and they can be
perceived either directly or with the aid of a machine, program or
device and can be owned by us, provided through an arrangement we have
with others or which may be accessed through use of the Service. You
have no rights in or to the Material and you will not use Material,
except as permitted under this Agreement. You will not violate our
rights, the rights of any third party or any laws and regulations.
Unless we give you written permission, you may only use and access,
download and copy our Material (and print out one copy) for your
personal use, keeping all our copyright and other notices on the
Material. You may not do or allow anyone else to do anything with the
Material which is not specifically permitted in this Agreement. You
agree to comply with all notices and requirements accompanying
third-party Material.
B. Use of Your Subscription(s): You may not use or allow
others to use, your subscription, user name, password or the Service,
directly or indirectly, nor upload, distribute, transmit, communicate,
link to, publish or access any material or information through, using
or otherwise in connection with the Service, that: (a) is libelous,
defamatory, vulgar or obscene, pornographic, sexually offensive or
explicit, harmful or harassing, threatening, hateful, racially,
culturally, ethnically or otherwise objectionable or offensive,
discriminatory or abusive; (b) violates any law or regulation or the
rights of others; (c) causes duress, distress or discomfort to another;
or (c) infringes any intellectual property, proprietary rights or
confidentiality obligations of others. You are solely responsible and
liable for any such activity or conduct. We have no liability and you
bear the sole and exclusive risk associated with use of or reliance on
the accuracy, completeness, currentness or usefulness of any Material
in connection with your subscription, user name or password. Although
we do not pre-screen, we reserve the unconditional right to remove
Material we consider harmful, offensive, in violation of law,
regulation or any agreement. You also may not, nor allow others to use,
your subscription, user name, password or the Service, directly or
indirectly, to: (a) attempt to or actually disrupt, impair or interfere
with, alter or modify the Service or any Material; (b) act in a way
that affects or reflects negatively on us, the Service, or any other;
(c) transmit or communicate any advertising, promotion or solicitation;
(vi) collect or attempt to collect any information of others, including
passwords, account or other information.
6. Personal and
Statistical Information:
A.
Personal Information: "Personal
information"
means any information relating to your subscription and use of the
Service and which specifically identifies you or your account. We may
store and use your personal information for our own internal purposes
and we reserve the right to access, monitor and retrieve
password-protected information for compliance with this Agreement. We
will not disclose your personal information, except as described in
this Agreement, nor will we disclose information to others that would
connect your user name with your actual name unless we are compelled by
law. In our sole discretion, we still reserve the right to make
exceptions, whenever we believe an emergency, illegal activity or some
other reasonable basis exists for notifying or providing such
information to the appropriate authorities.
B. Statistical Information: We sometimes aggregate
information about our subscribers and you agree we can make such
statistical information available to others, as long as we don't
identify you.
7. Limited Liability
and Warranty:
You
are entirely liable for activities conducted by you or anyone else
in connection with your subscription and use of the Service. You must
keep your user name and password secret and not disclose it to others.
You may not allow others to use the Service, your subscription, user
name or password. If you do, you: (i) assume all responsibility and
liability associated with such use; and (ii) indemnify and hold us
harmless for any such use.
We
do not warrant the accuracy, completeness, currentness or other
characteristics of any Material available on or through our Service. We
will not be liable for any loss or injury resulting directly or
indirectly from our Service, whether or not caused in whole or in part
by our negligence or by contingencies beyond our control. Neither we,
nor our suppliers, are responsible or liable, directly or indirectly,
for any loss or damage caused by use of or reliance on or inability to
use or access any of our Services, Material, content, information,
goods or services.
YOUR
ACCESS TO AND USE OF OUR SERVICE, IS AT YOUR SOLE RISK AND ARE
PROVIDED "AS IS," "AS AVAILABLE." THE SERVICE IS FOR YOUR PERSONAL USE
ONLY AND WE MAKE NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR
IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
8. Indemnification:
You
agree to defend, indemnify and hold us, our employees, agents,
officers, directors, agents, contractors, suppliers and other
representatives harmless from and against all liabilities, damages,
claims, actions, costs and expenses (including attorneys' fees), in
connection with or arising from your breach of this Agreement and/or
your use of the Service. We may, if necessary, participate in the
defense of any claim or action and any negotiations for settlement. No
settlement which may adversely affect our rights or obligations shall
be made without our prior written approval. We reserve the right, at
our own expense and on notice to you, to assume exclusive defense and
control of any claim or action and then corresponding indemnification
obligation will end.
9. Termination:
We
or you can terminate your subscription or sponsorship at any time by
emailing support@tradingfrommainstreet.com. Termination is your sole
right and exclusive remedy if you are not satisfied with our Service.
We do not offer pro-rates or refunds for monthly subscriptions or
sponsorships. If you request a refund on a quarterly or yearly
subscription, your subscription will be processed according to the
regular monthly billing rate and if funds remain they will be sent to
your registered billing address via mail. We can terminate this
Agreement, restrict or terminate your access to and use of the Service
immediately and without notice or liability, if you breach this
Agreement in any way, and it will not limit any other rights available
to us.
10. Governing Law and
Interpretation:
If
any term of this Agreement is held invalid, illegal or
unenforceable, the remaining portions shall not be affected. The laws
of the State of Iowa, excluding its conflicts-of-law rules, govern this
Agreement, your subscription and use of our Service. You must comply
with all laws, regulations, obligations and restrictions which apply to
you. You agree that the courts of the State of Iowa have exclusive
jurisdiction for any claim, action or dispute under this Agreement. You
also agree and expressly consent to the exercise of personal
jurisdiction in the State of Iowa. This Agreement may not be modified,
except in writing signed by an authorized officer of The Bastiat Group,
Inc. No failure or delay in enforcing any term, exercising any option
or requiring performance, shall be a waiver of that or any other right.
11. Code of Conduct:
As
a condition of your use of the Service, you warrant to Trading From
Main Street that you will not use the Service for any purpose that is
unlawful or prohibited by these terms, conditions, and notices. The
Service is provided to individuals only and for personal use only. Any
unauthorized commercial use of the Service, or the resale of its
services, is expressly prohibited. You agree to abide by all applicable
local, state, national and international laws and regulations and are
solely responsible for all acts or omissions that occur under your
account or password, including the content of your transmissions
through the Service. By way of example, and not as a limitation, you
agree not to:
- Publish,
distribute or disseminate any inappropriate, profane,
defamatory, infringing, obscene, indecent or unlawful material or
information.
- Advertise
or offer to sell or buy any goods or services for any non-personal
purpose.
- Harvest
or otherwise collect information about others, including email
addresses, without their consent.
- Create
a false identity for the purpose of misleading others as to the
identity of the sender or the origin of a message.
- Transmit
or upload any material that contains viruses, trojan horses,
worms, time bombs, cancelbots, or any other harmful or deleterious
programs.
- Transmit
or upload any material that contains software or other
material protected by intellectual property laws, rights of privacy or
publicity or any other applicable law unless you own or control the
rights thereto or have received all necessary consents.
- Interfere
with or disrupt networks connected to the Service or violate the
regulations, policies or procedures of such networks.
- Attempt
to gain unauthorized access to the Service, other accounts, computer
systems or networks connected to the Service, through password mining
or any other means.
- Violate
any applicable laws or regulations including, without limitation, laws
regarding the transmission of technical data or software exported from
the United States through the service.
- Interfere
with another member's use and enjoyment of the Service or another
individual's or entity's use and enjoyment of similar services.
Trading
From Main Street has no obligation to monitor the Service or
any user's use thereof or retain the content of any user session.
However, Trading From Main Street reserves the right at all times to
monitor, review, retain and/or disclose any information as necessary to
satisfy any applicable law, regulation, legal process or governmental
request.
This
Non-Disclosure Agreement (hereinafter "Agreement") effective Now, 1 by
and between The Bastiat Group, Inc. (also referred to as “Trading From
Main Street” or “TradingFromMainStreet.com”), whose website resides at
http://www.tradingfrommainstreet.com (hereinafter the “Company”), and an individual, (hereinafter
the “Recipient”) is entered into to provide for the
confidentiality, protection and handling of Proprietary Information and
Systems provided by the Company to the Recipient.
WHEREAS,
the Company will extend certain proprietary and confidential
information related to trading systems and information developed by the
Company (hereinafter "Proprietary Information") to the Recipient.
THEREFORE,
THE PARTIES AGREE AS FOLLOWS:
1. Maintenance and
Limited Disclosure of Proprietary Information
A.
The Company has developed certain information, some of which it
considers to be confidential and proprietary information not publicly
announced or disclosed, that relates to Proprietary trading systems.
Company agrees to make a limited disclosure of this information to the
Recipient solely for the purpose of betterment of the Recipient's
personal trading.
B. The Company may provide Proprietary Information in writing or orally
during discussions. All Proprietary Information shall be identified as
confidential when disclosed. If Proprietary Information is provided
orally, the Company will confirm the confidential nature of such
information in writing or other tangible medium of expression within
thirty (30) days after disclosure. The Recipient will receive and use
such Proprietary Information solely for betterment of the Recipient's
own personal trading and/or investing.
C. During and for a period of 5 years from the date of disclosure, the
Recipient will treat such Proprietary Information received from the
Company as confidential and not disclose such Proprietary Information
to others unless written consent is otherwise granted by the Company.
D. Nothing contained herein shall in any way restrict or impair the
Recipient's right to use or disclose the Company's Proprietary
Information which:
a.
at the time of disclosure is generally available to the public, or
thereafter becomes generally available to the public through no breach
of this Agreement by the receiving party; or
b. was in the receiving party's possession prior to the time of
disclosure and was not from the disclosing party; or
c. is independently developed by the receiving party without the use of
Proprietary Information of the disclosing party; or
d. is received by the receiving party from a third party without
knowledge of origination in disclosing party or an obligation of
confidence; or
e. is required to be disclosed by law or court order.
The
Party seeking to establish such an exception has the burden of
proving it with written documentation.
2. Security
A.
Access to all Proprietary Information shall be restricted to the
individual Recipient.
B.
Reasonable care shall be taken by the Recipient to protect the
Proprietary Information.
3. Limitation of
Rights
A.
Nothing herein shall be construed to grant to the Recipient any
rights under any intellectual property, including, but not limited to,
patents, trademarks, copyrights, or other proprietary information in
respect of the Proprietary Information.
B. No furnishing of Proprietary Information and no obligation hereunder
shall obligate either party to enter into any further Agreement or
negotiation with the other, or to refrain from entering into an
agreement or negotiation with any other party which does not breach any
of its obligations under this Agreement.
4. Termination
A.
This Agreement shall remain in effect for a period of 5 years from
the date of full execution hereof unless earlier terminated by mutual
agreement of the parties.
B. All copies, regardless of the medium, evidencing any and all
disclosed Proprietary Information shall be returned by the Recipient to
the Company upon written request by the Company.
5. Continuation of
Confidential Obligations
The
obligations of Paragraphs 1-4, except as otherwise provided in
Paragraphs 1.C and 1.D, shall remain in effect and bind the heirs,
successors, assignees, and legal representatives of each party to this
Agreement for a period of five 5 years after the expiration or
termination of this Agreement.
6. Disputes and Arbitration
The
parties agree that any disputes or questions arising under this
Agreement, including the construction and application of this
Agreement, shall be settled in a court of law with proper jurisdiction
being Iowa.
7. General
A.
This Agreement constitutes the entire agreement between the parties,
superseding any and all prior or contemporaneous oral or written
representations, communications, understandings or agreements with
regard to the subject matter hereof.
B. Any and all modifications or amendments to the Agreement must be in
writing and agreed to by both parties.
C. This Agreement is governed by and construed in accordance with the
laws of the State of Iowa.
D. Acceptance of this agreement by the Recipient shall be deemed to be
binding.
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