Terms & Conditions
By using any of our Services or accessing our website, you’re agreeing to the following Terms and Conditions. If you don’t agree with the Terms, you may not use our Services.
These Terms and Conditions of Service and Use of www.ActiveTradersAcademy.com (the “Terms and Conditions“) are hereby made effective as of Jan 1, 2025 by Active Traders Academy (“Active Traders Academy” or “we” or “us” or “our“), and, without waiving or otherwise releasing any right or obligation under any prior terms and conditions of the use of www.ActiveTradersAcademy.com, hereby amend and restate any such prior terms and conditions.
You agree to read these Terms and Conditions carefully and retain them for future reference. You understand, acknowledge and agree that these Terms and Conditions govern all aspects of my use of the Site and the products and services of Active Traders Academy. By using or accessing the Site, you acknowledge that you have received, read and understood these Terms and Conditions and the Privacy Policy of Active Traders Academy. If you are unwilling to be bound by these Terms and Conditions, you will not use or access the Site. YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT ACCESSING THE SITE IS THE LEGAL EQUIVALENT OF YOU MANUALLY SIGNING THESE TERMS AND CONDITIONS, AND THAT YOU WILL BE LEGALLY BOUND BY THESE TERMS AND CONDITIONS.
General Terms
By using or accessing the Site, you thereby agree, (a) that you have received, read and understood these Terms and Conditions, and that these Terms and Conditions create a valid and binding agreement, enforceable against you in accordance with the terms hereof, (b) to be bound by these Terms and Conditions, any terms, conditions or other rules, regulations or policies of Active Traders Academy, as each may be amended or supplemented from time to time in our sole discretion without notice, and (c) that your use of the Site shall comply with all applicable federal, state and local laws, rules or regulations, and that you are solely responsible for your compliance with, familiarity with and understanding of any such laws, rules or regulations applicable to your use of the Site. If you do not agree with any portion of these Terms and Conditions, you are prohibited from using or accessing the Site.
Additionally, and without limiting the foregoing, by using or accessing the Site, you represent and warrant to us that you: (a) are eighteen (18) years of age or older, (b) are not currently restricted from using the Site, or not otherwise prohibited from having an account with us, (c) are not a competitor of Active Traders Academy, or engaged in any business or activity, directly or indirectly, that could be competitive with the business or activities of Active Traders Academy, and are not using the Site for any reason that may be in competition with the Site or any other product or service offered by Active Traders Academy, (d) have full power and authority to enter into and perform these Terms and Conditions, and doing so will not violate any other agreement to which you are a party, (e) will not violate any rights of Active Traders Academy, including, without limitation, intellectual property rights such as patent, copyright or trademark rights, and (f) agree to provide, operate and maintain, at your sole risk, cost and expense, all equipment, software, and internet access necessary to use the Site.
Without limiting the generality of the foregoing or any other provision hereof, you acknowledge and agree, as follows:
That the content, materials, services and other intellectual property contained or embodied in the Site are owned by Active Traders Academy and are protected by patent, copyright, trademark and other similar laws;
Not to promote, offer for sale or sell any product or service, including, without limitation, any financial or investment product, security or service, or any contest or promotion;
Not to access the Site using any automated means, including, without limitation, harvesting bots, robots, spiders, or scrapers;
Not to engage in multi-level marketing using the Site, including, without limitation, pyramid schemes and similar marketing concepts;
Not to upload, use or disseminate viruses or other malicious code or other abusive scripts or processes;
Not to solicit login, account or other personal information of another person or request or obtain access to an account of another person;
Not to use the Site in any manner that is, or could reasonably be construed to be, unlawful, including, without limitation, in violation of any law, rule or regulation related to securities or investments, or any rules or regulations promulgated by the Canadian Securities Administrators (CSA), and/or rules of any national or other securities exchange and any regulations or other pronouncements having the force of law;
Not to use the Site in any manner that is, or could reasonably be construed to be, in violation of these Terms and Conditions, fraudulent, misleading, malicious or discriminatory;
Not to take any action that could disable, overburden, or impair the operation or availability of the Site, such as a denial of service attack;
Not to engage in manipulative practices designed to obfuscate the true intent of your submissions to the Site, or to artificially generate traffic to another website;
Not to facilitate or encourage any violations of these Terms and Conditions;
Not to post or make any defamatory, disparaging or false statements, claims or allegations related to the Site, Active Traders Academy, or any other product or service of Active Traders Academy;
Not to make your account or any portion thereof or the services provided thereby available to the general public or any portion thereof;
Not to issue chargeback disputes against Active Traders Academy.
Not to use patented, copyrighted, trademarked or other protected intellectual property without the written consent and authorization of the owner of such property;
Not to copy, distribute or disseminate the Site or any portion thereof, and not to transfer the Site, or any portion thereof, to another person or “mirror” the Site, or any portion thereof, on any other server;
Not to decompile or reverse engineer, or attempt to decompile or reverse engineer, the Site or any portion thereof; and
Not to take any other action that could result in any damage or disruption to the Site, or that could otherwise result in any liability, damages, costs or expenses on the part of Active Traders Academy.
Not to share personal information with members, or request personal information from members.
All content, materials and services related to the Site shall be solely used for, and you hereby agree to solely use it for, your own personal use in connection with your trading activities, and for no other use.
Violating any of the aforementioned will result in immediate removal from Active Traders Academy and forfeits your right to request a refund.
Ownership; Limited License
By becoming a customer of Active Traders Academy and using the Site, Active Traders Academy hereby grants to you a limited revocable license to use the Site, and its content, materials and services, solely for your personal use and for the purposes set forth on the Site, and subject to these Terms and Conditions and all other rules, regulations and policies imposed or adopted by Active Traders Academy in connection with the Site, which may be amended by Active Traders Academy at any time in its sole discretion and without notice. Such limited revocable license is freely revocable and terminable by Active Traders Academy at any time, without cause and in the sole discretion of Active Traders Academy. Without limiting the foregoing, this limited revocable license shall automatically be revoked and terminated upon any violation of these Terms and Conditions or any other rule, regulation or policy of Active Traders Academy. Upon revocation or termination of this limited revocable license, you shall, and hereby agree to, destroy any materials (electronic or otherwise) related to the Site that remain in your possession or control, and acknowledge that after such revocation or termination Active Traders Academy may deny your access to the Site and any other Active Traders Academy content, materials or services in its sole discretion. Any personal information of a user whose limited revocable license is revoked or terminated by Active Traders Academy will be preserved or disposed of in accordance with the terms of the Privacy Policy of Active Traders Academy. Any information you submit to Active Traders Academy is at your own risk of loss, and Active Traders Academy assumes no liability or responsibility therefor.
Active Traders Academy reserves all rights not expressly granted in these Terms and Conditions, including, without limitation, title, ownership, intellectual property rights, and all other right, title and interest in and to the Site, the products and services of Active Traders Academy, and all related content, materials, services, and other documents, information or items, including any copies or derivative works thereof. You acknowledge and agree that the Site, the products and services of Active Traders Academy, and all related content, materials, services, and other documents, information or items, including any copies or derivative works thereof, is owned by Active Traders Academy, and is protected by copyright, trademark and other intellectual property laws. You further acknowledge and agree that the Site, the products and services of Active Traders Academy, and related content, materials, services, and other documents, information or items, including any copies or derivative works thereof, contains certain proprietary data and information of Active Traders Academy, that you will not use this data or information for any unlawful or unauthorized purpose, and that you will use reasonable efforts to protect them from illicit distribution or use.
Additionally, you grant Active Traders Academy an exclusive, irrevocable, worldwide, perpetual, unlimited, freely assignable and sublicenseable, fully paid up and royalty-free right to use, copy, prepare derivative works of, improve, distribute, publish, remove, retain, add, process, analyze and commercialize, in any way now known or in the future discovered, any information, content, ideas, concepts, techniques, data or suggestions submitted to the Site for the purpose of improving or modifying the Site, or any content, materials or services, or for the purpose of creating or developing new content, materials, services or product related to, arising from or ancillary or similar to the Site, without any further consent, notice and/or compensation to you or to any third parties.
Consent to Utilize Audio, Video and Photography from Live Events
Active Traders Academy may host in person events from time to time. These events may be recorded and photographed for marketing and/or the production of educational content. By attending Active Traders Academy events, you agree to allow Active Traders Academy to utilize audio, video, and photographs that you may appear in.
Violation; Termination of Account
Active Traders Academy reserves the right to investigate violations of any of these Terms and Conditions or any other policies of Active Traders Academy or the Site, or any other violations of any state, federal or local law, rule or regulation, and to pursue any remedy available to Active Traders Academy whether at law, in equity or otherwise. You hereby acknowledge and agree that Active Traders Academy may notify, involve and cooperate with law enforcement authorities in investigating and prosecuting users who violate these Terms and Conditions or any other policies of Active Traders Academy or the Site, and any other violations of any state, federal or local laws, rules or regulations. You further acknowledge and agree that Active Traders Academy has no obligation to, and does not, screen or monitor any users, information, materials or other content provided or made available through the Site, but has the right to do so at any time in its sole discretion. You further acknowledge and agree that Active Traders Academy may, in its sole discretion, remove or delete any entries, information, materials or other content, and terminate the subscription, membership or account (collectively, your “account”) of any user, that violates these Terms and Conditions or otherwise posts, submits, or disseminates content that Active Traders Academy finds, in its sole discretion, to be objectionable.
You acknowledge and agree that Active Traders Academy may, in its sole discretion, cancel, suspend or terminate your account if you breach these Terms and Conditions. Active Traders Academy may refuse, in its sole discretion, to permit any use of the Site, and may refuse to permit any person to access or use the Site or your account for any reason at any time.
Purchases and Refunds
Through the Site, Active Traders Academy offers both individual products for sale and subscription, membership or other periodic fee-based services. For individual products purchased through the Site, a valid credit card will be required to complete the purchase and the amount of the purchase will be charged to the credit card concurrently with the completion of the purchase on the Site. When you purchase an individual product, you will receive a streaming or digital version; no physical copies of products or other materials will be shipped or provided to you.
When purchasing subscription, membership or other periodic fee-based services on the Site, a valid credit card will be required for billing purposes. You hereby consent to, acknowledge and allow Active Traders Academy to store (or cause a third party to store on behalf of Active Traders Academy) such payment information and agree to the following policies and procedures for payment of subscription, membership or other periodic fees related to the Site.
Immediately upon signing up for an account or other periodic fee-based services on the Site, the fees associated with the first period or term of your selected account or service (monthly, quarterly, annual, as applicable) will be charged to such credit card. Within five (5) business days prior to the expiration of the initially selected period or term, and each subsequent such period or term until your account or other periodic service is cancelled in accordance with these Terms and Conditions, the fees associated with your selected account or service for the following applicable period or term will be automatically renewed, and an amount for your renewed account or service will be billed and charged to such credit card by Active Traders Academy in accordance with the Site’s then-current pricing schedule. If the credit card associated with your account or service should expire, terminate or any payment is otherwise rejected by the issuing company, Active Traders Academy may immediately terminate your account or service. It is solely your responsibility to ensure (1) that valid credit card information remains on file for your account or service and the automatic renewal thereof, and (2) that a valid email address remains on file for your account or service for any communications from Active Traders Academy related thereto.
All payments made to Active Traders Academy in connection with any product purchased or account or service, and any renewal thereof, are non-refundable; and Active Traders Academy does not offer, and is not required to provide, any refunds or credits for any reason, including, without limitation, satisfaction or your failure to cancel your account or service prior to its automatic renewal. There is no circumstance in which you will be entitled to, or Active Traders Academy is required to provide, a refund or credit for any reason, including, without limitation, satisfaction or your failure to cancel your account or service prior to its automatic renewal.
All fees charged by Active Traders Academy in connection with any product purchased or account or service of the Site are exclusive of any taxes, levies, or duties imposed by any taxing authority, and you shall be, and hereby are, responsible for the payment of all such taxes, levies, or duties arising from your purchase of products or use of the Site.
Modifications to the Site and Pricing
Active Traders Academy reserves the right to, and you acknowledge and agree that Active Traders Academy may, modify the Site, including without limitation the content, materials and services offered thereby, and the fees, costs and pricing associated with the Site at any time and without notice. Without limiting the generality of the foregoing, Active Traders Academy reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site (or any part or portion thereof) without notice. Any new features that augment or enhance the then-current version of the Site, including the release of new tools and resources, shall be subject to these Terms and Conditions and may result, in Active Traders Academy’s sole discretion, to a price increase. Active Traders Academy shall not be liable to you, or to any third party, for any damages, costs, expenses or other liabilities related to any modification, price change, suspension or discontinuance of the Site.
Without limiting the foregoing, Active Traders Academy may use banner notices or similar devices to alert you to certain modifications to the Site or the pricing associated therewith. Alternatively, notice may consist of an email from Active Traders Academy or the Site to an email address associated with your account or service, even if we have other contact information. You also agree that Active Traders Academy may communicate with you through any available means including email, mobile number, telephone, or delivery services, including the postal service, about your account or service or any products or services associated with the Site. You acknowledge and agree that we shall have no liability associated with or arising from your failure to maintain accurate contact or other information, including, but not limited to, your failure to receive critical information about the Site or pricing.
Cancellations
Your account or service may be cancelled, subject to the terms hereof, at any time; provided that, as set forth above, no refunds will be issued if your account or other periodic fee-based service is cancelled prior to the end of the applicable period or term.
When you cancel, you are solely responsible for properly canceling your account or service. Your account or service may be cancelled at any time by requesting such cancellation in writing by email to support@ActiveTradersAcademy.com, which cancellation request must receive a confirmation of receipt from Active Traders Academy and which cancellation will be processed by Active Traders Academy in accordance with its timelines and procedures for email cancellations. Cancellation requests by telephone, facsimile or other means of communication cannot, and will not, be accepted, honored or effective. The cancellation of your account or service will immediately result in the deactivation and deletion of your account or service, the denial of access to the Site and the forfeiture and relinquishment of all content and information within or related to your account or service. No data, content or information can be recovered once your account or service is cancelled, and you assume all responsibility for preserving any data, content or information on your account or service prior to its cancellation. Active Traders Academy may retain data, content or information from your account after cancellation in backup and/or archival copies of the Site and related databases, but such copies, if any, will not be available to you.
General Disclaimer of Warranties
THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH NO WARRANTIES WHATSOEVER.
ACTIVE TRADERS ACADEMY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. WITHOUT LIMITING THE FOREGOING, ACTIVE TRADERS ACADEMY DISCLAIMS ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, AVAILABILITY, SERVICE LEVELS, TIMELINESS, AND PERFORMANCE OF THE SITE; ACTIVE TRADERS ACADEMY DISCLAIMS ALL LIABILITY FOR ANY CLAIMS, DAMAGES, LOSSES, COSTS OR EXPENSES (INCLUDING ATTORNEY’S FEES) RELATED TO THE FOLLOWING, AND DOES NOT WARRANT THAT (I) THE SITE WILL MEET YOUR SPECIFIC REQUIREMENTS, (II) THE SITE WILL BE UNINTERRUPTED, TIMELY, AVAILABLE, SECURE OR ERROR-FREE, (III) THAT ANY RESULTS MAY BE OBTAINED FROM YOUR USE OF THE SITE, OR THAT ANY DATA, CONTENT OR INFORMATION ON THE SITE IS, OR WILL BE, VALID, ACCURATE, TIMELY, ADEQUATE, COMPLETE, LEGAL OR OTHERWISE RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS, OR (V) ANY ERRORS IN THE SITE WILL BE CORRECTED.
ACTIVE TRADERS ACADEMY DISCLAIMS ANY WARRANTIES FOR ANY INFORMATION, CONTENT OR ADVICE OBTAINED THROUGH THE SITE; AND, ACTIVE TRADERS ACADEMY DISCLAIMS ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SITE OR RECEIVED THROUGH ANY LINKS PROVIDED BY THE SITE.
YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SITE, AND ANY CONTENT, SERVICES OR OTHER INFORMATION OR MATERIALS RELATED THERETO, IS SOLELY AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY LIABILITY, CLAIM, DAMAGES, LOSS, COST OR EXPENSE, THAT RESULTS FROM OR ARISES FROM YOUR USE OF THE SITE, OR ANY CONTENT, SERVICES OR OTHER INFORMATION OR MATERIALS RELATED THERETO. YOU HEREBY EXPRESSLY DISCLAIM AND RELEASE AND WAIVE ANY LIABILITY, CLAIM, DAMAGES, LOSS, COST OR EXPENSE, RELATED TO OR ARISING FROM, THE WARRANTIES DISCLAIMED BY ACTIVE TRADERS ACADEMY HEREBY.
Disclaimers
ACTIVE TRADERS ACADEMY EXPRESSLY DISCLAIMS AND DISCLOSES AS FOLLOWS, AND YOU HEREBY CONFIRM THAT YOU UNDERSTAND, ACKNOWLEDGE AND AGREE AS FOLLOWS, AND EXPRESSLY DISCLAIM, RELEASE AND WAIVE ANY LIABILITY, CLAIM, DAMAGES, LOSS, COST OR EXPENSE, INCONSISTENT WITH, RELATED TO OR ARISING FROM THE FOLLOWING:
Your Responsibility
Active Traders Academy is not registered as an investment adviser with the Canadian Securities Administrators. As such, Active Traders Academy does not offer or provide personalized investment advice. To the extent any of the content, material, information and/or any other kind of informational offering published, broadcast, or otherwise stated on this, and/or associated websites, may be deemed to be “investment advice”, such information is impersonal and not tailored to the investment needs of any specific person. The information contained within this, and/or, associated websites, is provided for informational and educational purposes only. The information should not be construed as investment or trading advice, and is not meant to be a solicitation or recommendation to buy, sell, or hold any positions in any indices or financial markets mentioned. The content and information provided by Active Traders Academy, the Site and the other products and services of Active Traders Academy, is solely incidental to the business and activities of Active Traders Academy in providing educational services.
You remain solely responsible for all decisions regarding your purchase and sale of securities, the suitability, profitability or appropriateness for you of any security, investment, financial product, investment strategy or other matter, and all other matters related to your investments and investment strategies. Active Traders Academy does not and will not provide you with any legal, tax, estate planning or accounting advice, or any advice regarding the suitability, profitability or appropriateness for you of any security, investment, financial product, investment strategy or other matter. You understand, acknowledge and agree that Active Traders Academy employees are not authorized to give any such advice, you will neither solicit nor rely on any investment advice from any Active Traders Academy employee. Active Traders Academy recommends that persons desiring to trade or invest in securities do so cautiously and only in consultation with their professional, licensed and qualified financial, legal, tax, estate planning and accounting advisors.
No data, content or information provided by Active Traders Academy, the Site or the other products and services of Active Traders Academy, is intended, and shall not constitute or be construed as, advice or any recommendation to buy or sell securities, nor any offer, or solicitation of an offer, to buy or sell securities, nor an attempt to influence the purchase or sale of any security. Active Traders Academy is not registered as an investment adviser either with the Canadian Securities Administrators, any other federal or national governmental or regulatory authority, or any state securities governmental or regulatory authority, and the business and activities of Active Traders Academy do not require any such registration.
Research, Informational and Educational Purposes Only
Active Traders Academy does not offer or provide personalized investment advice. All data, content and information from the partners that Active Traders Academy works with, is impersonal and not tailored to the investment needs of any specific person. Such data, content and information is provided for research, informational and educational purposes only.
You remain solely responsible for all decisions and transactions regarding your purchase and sale of securities, the suitability, profitability or appropriateness for you of any security, investment, financial product, investment strategy or other matter, and all other matters related to your investments and investment strategies.
Active Traders Academy does not and will not provide you with any legal, tax, estate planning or accounting advice, or any advice regarding the suitability, profitability or appropriateness for you of any security, investment, financial product, investment strategy or other matter. The data, content and information from our partners should not be construed as investment or trading advice, and is not meant to be a solicitation or recommendation to buy, sell, or hold any positions in any securities or to engage in any other transaction. Such data, content and information provided by our partners, is solely incidental to our business and activities in providing educational services.
Data, Content and Information
No data, content or information provided by Active Traders Academy, the Site or the other products and services of Active Traders Academy, is intended, and shall not constitute or be construed as, advice or any recommendation to buy, sell or hold a particular security or pursue any particular investment strategy.
Active Traders Academy neither assumes responsibility for, nor guarantees the accuracy, currency, completeness or usefulness of information, commentary, recommendations, advice, investment ideas or other materials that may be accessed by you through the Site or the other products or services of Active Traders Academy. This includes, without limitation, any forum, chatroom or other online conference, telecast or posting through Active Traders Academy. If you choose to rely on such information, you understand, acknowledge and agree to do so solely at your own risk. You understand, acknowledge and agree that the research, analysis, news or other information made available through the Site or the other products or services of Active Traders Academy is not investment advice and is in no way tailored to reflect any personal financial circumstances or investment objectives and the securities and investment strategies discussed may not be suitable for you. Any determination to purchase or sell securities or otherwise invest in securities must be made solely by you after your independent investigation and evaluation thereof based on your personal financials and other circumstances and without any reliance on the data, content or information provided by Active Traders Academy, the Site or the other products and services of Active Traders Academy.
Active Traders Academy cannot, and does not, independently verify, assess or guarantee the validity, adequacy, timeliness, accuracy or completeness of any data, content or information, the suitability or profitability of any particular security or investment, or the potential value of any security, investment or informational source. You bear sole responsibility for your own investment research and decisions, and should seek the advice of a professional, licensed and qualified securities professional before purchasing or selling any security or making any investment.
You understand, acknowledge and agree that Active Traders Academy and its directors, officers, shareholders, employees, agents and affiliates have no obligation to notify you as to which trades and returns are real versus simulated or hypothetical, and that Active Traders Academy, and its directors, officers, shareholders, employees, agents and affiliates do not verify trade records or maintain records of trades and results.
Through your use of the site, You expressly contract and consent to the operations of Active Traders Academy and release Active Traders Academy, and its directors, officers, shareholders, employees, agents and affiliates from any liability, claim, loss, cost, expense, and any other damages arising from or relating to statements (written or oral), actions and omissions, including real, simulated, or hypothetical trades and results. Trading in any security can result in immediate and substantial losses of the money invested. You should only invest funds that are not allocated for other purposes, such as retirement savings, student loans, mortgages, education, or debt reduction, and that you can afford to lose. Don’t trade with money you can’t afford to lose.
Activities of Active Traders Academy Personnel
Active Traders Academy, and its directors, officers, shareholders, employees, agents and affiliates, are active investors and traders of securities. Such parties will purchase or sell securities, and engage in any investment strategies, in their sole discretion, at any time and without notice, and shall not, and are not required to disclose or otherwise notify you, or any other person or party, with respect to any such decisions or activities. For the avoidance of doubt, such parties may not always adhere to Active Traders Academy strategies and are not required to disclose or notify you, or any other person or party, with respect to any such decisions or activities. Active Traders Academy personnel adhere to their unique individual plans developed and implemented by them with or without Active Traders Academy, and experiences will not be duplicated and are not typical.
Active Traders Academy does not engage in, and its business and activities shall not constitute or be construed as, a business or activity with the purpose of creating a false or misleading appearance of active trading in any security, or a false or misleading appearance with respect to the market for such security, to effect any transaction in such security which involves no change in the beneficial ownership thereof, to enter an order or orders for the purchase of such security with the knowledge that an order or orders of substantially the same size, at substantially the same time, and at substantially the same price, for the sale of any such security, has been or will be entered by or for the same or different parties, or to enter any order or orders for the sale of any such security with the knowledge that an order or orders of substantially the same size, at substantially the same time, and at substantially the same price, for the purchase of such security, has been or will be entered by or for the same or different parties.
Active Traders Academy does not engage in, and its business and activities shall not constitute or be construed as, a business or activity to effect a series of transactions creating actual or apparent active trading in a security, or raising or depressing the price of such security, for the purpose of inducing the purchase or sale of such security by others.
Active Traders Academy does not engage in, and its business and activities shall not constitute or be construed as, a business or activity to effect a series of transactions for the purchase and/or sale of a security for the purpose of pegging, fixing, or stabilizing the price of such security in contravention of any law, rule or regulation.
You understand, acknowledge and agree that Active Traders Academy, and its directors, officers, shareholders, employees, agents and affiliates, engage in active trading of securities, but do not willfully participate in any activity described in the three preceding paragraphs. Accordingly, you hereby waive and release any and all claims, losses, damages, liabilities and any other costs and expenses (including attorneys’ fees), arising from or related to your purchase or sale of a security at a price that may have been affected by the business or activities of Active Traders Academy, or its directors, officers, shareholders, employees, agents or affiliates.
Investments and Results
The purchase and sale of securities, futures, or commodities involve a high degree of risk and is speculative in nature. The purchase and sale of securities should only be conducted by persons who understand and accept the risks involved therewith and who have independently reviewed and determined their acceptance and suitability of these risks and the financial and tax consequences thereof. Only persons who are able to bear the risk of substantial or complete loss of funds should engage in the purchase and sale of securities, futures or commodities.
Active Traders Academy, and the content and information contained on the Site, and in other products and services of Active Traders Academy, do not indicate or guarantee any predictable, general, specific or other results. The purchase and sale of securities, and any other investment activity, involves a high degree of risk, and a number of factors could materially and adversely affect the results and lead to a substantial or complete loss of an investment.
As more fully set forth herein, Active Traders Academy, and its directors, officers, shareholders, employees, agents and affiliates, make no representation, warranty or guarantee as to the validity, adequacy, timeliness, accuracy, reliability or completeness of any data, content or information. You should independently analyze, review and confirm any such data, content or information.
Active Traders Academy may express or utilize testimonials or descriptions of past performance, but such items are not indicative of future results or performance, or any representation, warranty or guarantee that any result will be obtained by you. Your results may differ materially from those expressed or utilized by Active Traders Academy due to a number of factors.
COMMODITY FUTURES TRADING COMMISSION RULE 4.41: Hypothetical performance results have many inherent limitations, some of which are described below. No representation is being made that any account will or is likely to achieve profits or losses similar to those shown, in fact, there are frequently sharp differences between hypothetical performance results and the actual results subsequently achieved by any particular trading program. One of the limitations of hypothetical performance results is that they are generally prepared with the benefit of hindsight, in addition, hypothetical trading does not involve financial risk, and no hypothetical trading record can completely account for the impact of financial risk in actual trading. For example, the ability to withstand losses or adhere to a particular trading program in spite of trading losses are material points which can also adversely affect actual trading results. There are numerous other factors related to the markets in general or to the implementation of any specific trading program which cannot be fully accounted for in the preparation of hypothetical performance results and all of which can adversely affect actual trading results.
Testimonials Disclaimer
In accordance with 16 CFR Part 255 and Federal Trade Commission Guidelines concerning use of endorsements and testimonials in marketing and advertising, please be aware of the following:
Endorsements, testimonials or descriptions of past performance from other customers or members are based upon their individual experiences and results with the Site, and the products and services of Active Traders Academy. These results and performances are not typical, and you should not expect to achieve the same or similar results or performance, and your results and performance are likely to vary or differ materially. The endorsements, testimonials or descriptions of past performance are individual experiences, reflecting real life experiences of customers or members, and are not representative of the results and performances of all customers and members.
Endorsements, testimonials or descriptions of past performance appearing on the Site were received via text, audio or video submission from customers or members. The endorsements, testimonials or descriptions of past performance (text, audio and/or video) are verbatim except for correction of grammatical or typing errors and editing for length. In other words, not the whole message received by the customer or member may be displayed, when it seemed lengthy or not all content seemed relevant for the general public. No endorsements, testimonials or descriptions of customers or members that appear on the Site involved payment or compensation therefor.
Mike Ser’s experience with trading is not typical, nor is the experience of individuals featured in testimonials. They are experienced traders. Becoming an experienced trader takes hard work, dedication and a significant amount of time.
We do not track the typical results of our current or past students. As a provider of educational courses, we do not have access to the personal trading accounts or brokerage statements of our customers. Available research data suggests that most day traders are not profitable.
Third Party Websites
The Site, and other products and services of Active Traders Academy, may contain links to other websites or applications. The fact that we link to a website is not an endorsement, authorization or representation of our affiliation with that third party. Active Traders Academy has not reviewed all of the sites linked to or from the Site, or other products and services of Active Traders Academy, and is not responsible for the content of any such linked website. We do not exercise control over third party websites. Your use of links to other websites is at your own risk. We are not responsible for third party sites linked from the Site, or other products and services of Active Traders Academy, nor do we make any representation or warranties, express or implied, with respect to any such website, any content of such websites, or any products or services offered by any such websites, including but not limited to, accuracy, completeness, reliability, suitability, non-infringement, merchantability or fitness for a particular purpose.
Limitations of Liability
WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ACTIVE TRADERS ACADEMY, AND ITS DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS AND AFFILIATES, SHALL NOT BE LIABLE TO YOU, UNDER ANY LEGAL OR EQUITABLE THEORY, FOR (A) ANY CONSEQUENTIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL OR INDIRECT DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION LOST PROFITS, REVENUES AND BUSINESS, ARISING OUT OF, UNDER OR RELATING TO THESE TERMS AND CONDITIONS, YOUR USE OF THE SITE OR OTHERWISE RELATED TO OR ARISING FROM THE PRODUCTS OR SERVICES OF ACTIVE TRADERS ACADEMY, OR (B) ANY DAMAGES OF ANY KIND ARISING OUT OF, UNDER OR RELATING TO THE SITE OR OTHERWISE RELATED TO OR ARISING FROM THE PRODUCTS OR SERVICES OF ACTIVE TRADERS ACADEMY, IN EXCESS OF THE MOST RECENT MONTHLY FEE PAID BY YOU IN CONNECTION WITH THE SITE, IF ANY, OR $100, WHICHEVER AMOUNT IS LOWER.
THIS LIMITATION OF LIABILITY SHALL APPLY REGARDLESS OF WHETHER THE LIMITED REMEDIES PROVIDED HEREIN FAIL OF THEIR ESSENTIAL PURPOSE, AND SHALL NOT APPLY TO ANY DAMAGE TO YOU INTENTIONALLY CAUSED BY ACTIVE TRADERS ACADEMY IN VIOLATION OF THESE TERMS AND CONDITIONS OR APPLICABLE LAW, OR AS OTHERWISE MANDATED BY APPLICABLE LAW THAT CANNOT BE DISCLAIMED BY THESE TERMS AND CONDITIONS.
Indemnification
You shall, and hereby agree to, indemnify and hold harmless, Active Traders Academy, and its officers, directors, shareholders, employees, agents and affiliates, from any and all claims, losses, damages, liabilities and any other costs and expenses (including attorneys’ fees), arising from or related to your (i) breach of a representation or warranty contained in these Terms and Conditions, (ii) breach of, or failure to comply with, any term contained in these Terms and Conditions, (iii) use of the Site or any products or services of Active Traders Academy, or (iv) use of, access to or other activity engaged in, on, through, related to or in connection with the Site.
Privacy and Personal Information
Active Traders Academy shall have the right to use and disclose any information provided by you through the Site, or other products or services of Active Traders Academy (including but not limited to information provided through e-mail) or made available through your use of the Site, for any lawful purpose, unless you indicate otherwise in accordance with the policies and procedures therefor of Active Traders Academy. In no event shall you be entitled to any compensation for the use of any of such information. Please see the Privacy Policy for further details.
Modifications
Active Traders Academy reserves the right to revise these Terms and Conditions at any time without notice. By using the Site, you are agreeing to be bound by the then-current version of these Terms and Conditions, and your continued use of the Site reaffirms your agreement to the then-current Terms and Conditions. You agree to consult the Site regularly for up-to-date information about these Terms and Conditions and the Privacy Policy.
Active Traders Academy may make changes to the Site, and the other products and services of Active Traders Academy, at any time without notice. Active Traders Academy does not, however, make any commitment to update the Site, and the other products and services of Active Traders Academy.
Governing Law
This Section 14 is referred to as the Arbitration Agreement. You agree that any and all disputes or claims that have arisen or may arise between you and Active Traders Academy, including but not limited to claims arising out of or relating to these Terms and Conditions or in connection with your use of the Services, shall be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, except that you may assert individual claims in small claims court, if your claims qualify. You agree that, by agreeing to these Terms, you and Active Traders Academy are each waiving the right to a trial by jury or to participate in a class action. Your rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. Notwithstanding the foregoing, this Arbitration Agreement shall not preclude either party from pursuing a court action for the sole purpose of obtaining a temporary restraining order or preliminary injunction in circumstances in which such relief is appropriate, provided that any other relief shall be pursued through an arbitration proceeding pursuant to this Arbitration Agreement.
You and Active Traders Academy agree that each may bring claims against the other only on an individual basis and not as plaintiff or class member in any purported class or representative action or proceeding. Unless both you and Active Traders Academy agree otherwise, the arbitrator may not consolidate or join more than one person’s or party’s claims and may not otherwise preside over any form of a consolidated, representative, or class proceeding. Also, the arbitrator may award relief (including monetary, injunctive, and declaratory relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party’s individual claim(s).
Many issues can be resolved quickly by emailing Active Traders Academy’s Customer Care team at support@ActiveTradersAcademy.com. If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to Active Traders Academy should be sent to Active Traders Academy at 1550 5th Street SW, Suite #300, Calgary, Alberta T2R1K3 Canada. The Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought. If you and Active Traders Academy do not resolve the claim within sixty (60) calendar days after the Notice is received, you or Active Traders Academy may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by Active Traders Academy or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Warrior is entitled.
Except as otherwise provided herein, any action, claim, or dispute between you and Active Traders Academy, including but not limited to those relating to these Terms and Conditions will be governed by the laws of British Columbia commission, excluding its conflicts of law provisions, and controlling Canadian federal law.
Canadian Investors Only
The Site, and the other products and services of Active Traders Academy, are solely directed to and intended for individuals residing in Canada. Those who choose to access and use the Site, and the other products and services of Active Traders Academy, from other locations do so at their own risk, and are responsible for compliance with all laws, rules and regulations applicable thereto. Active Traders Academy reserves the right to limit the availability of the Site, and any other products or services of Active Traders Academy, to any person, geographic area, or jurisdiction, in any manner and at any time, in its sole discretion.
Severability
If any provision of these Terms and Conditions is found by a court of competent jurisdiction or arbitrator to be illegal, void, or unenforceable, the unenforceable provision will be modified so as to render it enforceable and effective to the maximum extent possible in order to effect the intention of the provision; and if a court or arbitrator finds the modified provision invalid, illegal, void or unenforceable, the validity, legality and enforceability of the remaining provisions of these Terms and Conditions will not be affected in any way.
Entire Agreement
You agree that these Terms and Conditions constitute the entire, complete and exclusive agreement between you and us regarding the Site and the products and services of Active Traders Academy, and supersedes all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of these Terms and Conditions. The provisions of these Terms and Conditions shall survive any termination thereof indefinitely.
Waivers
Our failure to act with respect to a breach of these Terms and Conditions by you or others does not waive our right to act with respect to that breach or subsequent similar or other breaches.
Questions
Questions about these Terms and Conditions should be addressed to support@ActiveTradersAcademy.com. Questions about billing should be addressed to support@ActiveTradersAcademy.com.
IF YOU DO NOT AGREE WITH ANY TERM OR PROVISION OF THESE TERMS AND CONDITIONS, PLEASE EXIT THE SITE IMMEDIATELY. PLEASE BE ADVISED THAT YOUR CONTINUED USE OF THIS SITE OR THE PRODUCTS OR INFORMATION PROVIDED THEREBY SHALL INDICATE YOUR CONSENT AND AGREEMENT TO THESE TERMS AND CONDITIONS.
ACTIVE TRADERS ACADEMY INC.