T3 LIVE, LLC
PLEASE READ CAREFULLY: UNLESS THE SUBSCRIBER HAS ANOTHER VALID AGREEMENT WITH T3 LIVE OR ITS SUPPLIERS WHICH TERMS APPLY TO THE SPECIFIC PRODUCT (INCLUDING TRAINING) OR PRODUCTS PURCHASED FROM THE T3 LIVE WEB SITE, OR UNLESS OTHER T3 LIVE TERMS OR ADDITIONAL T3 LIVE TERMS ARE SPECIFIED ON ANY T3 LIVE WEB SITE FOR A SPECIFIC PRODUCT OR SUPPORT, THE FOLLOWING T3 LIVE ON-LINE ORDER TERMS ("TERMS") (WITH ANY ADDITIONAL T3 LIVE TERMS IF SO SPECIFIED) WILL APPLY AND GOVERN ALL T3 LIVE SALES AND LICENSES OF T3 LIVE PRODUCTS AND SUPPORT.
BY USING, PARTICPATING IN TRAINING OR SEMINARS, DOWNLOADING, INSTALLING, COPYING, OR ACCESSING THE PRODUCT, OR BY CHOOSING THE "I ACCEPT" OPTION LOCATED ON OR ADJACENT TO THE SCREEN WHERE THESE TERMS MAY BE DISPLAYED, YOU AGREE TO THE TERMS BELOW. IF YOU ARE ACCEPTING THESE TERMS ON BEHALF OF ANOTHER PERSON OR A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE FULL AUTHORITY TO BIND THAT PERSON, COMPANY, OR LEGAL ENTITY TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, AND DELIVERY OF THE PRODUCT OR SUPPORT IS AFFECTED, DO NOT USE, DOWNLOAD, PARTICIPATE INANY SEMINAR OR TRAINING,, INSTALL, COPY, OR ACCESS THE PRODUCT OR SUPPORT, AND PROMPTLY RETURN THE PRODUCT WITH PROOF OF PURCHASE TO THE PARTY FROM WHOM YOU ACQUIRED IT AND OBTAIN A REFUND OF THE AMOUNT YOU PAID, IF ANY.
T3 LIVE base terms
a) Affiliate of a party means an entity controlling, controlled by, or under common control with, that party.
b) Deliverable means the tangible work product resulting from the performance of Support excluding Products and Custom Products.
c) Training means any educational content, seminar, class, related documentation, accessories, and updates.
d) T3 LIVE Branded means Products and Support bearing a trademark or service mark of T3 Live or any T3 Live Affiliate.
e) Product means Training Products and the VTF listed in T3 LIVE's standard price list at the time of T3 LIVE's acceptance of Subscriber order, and including products that are modified, altered, or customized to meet Subscriber requirements ("Custom Products").
f) VTF means the Virtual Trading Floor.
g) Specification means technical information about Products published in T3 LIVE Product manuals, user documentation, and technical data sheets in effect on the date T3 LIVE delivers Products to Subscriber.
h) Statement of Work means an executed document so titled, that describes the Custom Support to be performed by T3 LIVE under the Support Terms section.
i) Support means T3 Live maintenance and repair, Software maintenance, training, installation and configuration, and other standard support services provided by T3 LIVE and includes "Custom Support" which is any agreed non-standard Support as described in a Statement of Work.
j) Transaction Document(s) means an accepted Subscriber order (excluding pre-printed terms) and in relation to that order valid T3 LIVE quotations, T3 LIVE service descriptions, T3 LIVE limited warranty statements delivered with or otherwise made available to Subscriber with T3 Live, or other mutually executed documents that reference these T3 LIVE On-Line Single Order Terms ("Terms").
l) Version means a release of the T3 Live website or the VTF that contains new features, enhancements, and/or maintenance updates, or for certain Software, a collection of revisions packaged into a single entity and, as such, made available by T3 LIVE to its subscribers (also called a "Release").
PRICES AND TAXES
a) Prices. Product and Support prices are specified in the current local published T3 LIVE price list at the time T3 LIVE receives Subscriber's order, or in a valid Transaction Document. Prices are subject to change at any time prior to T3 LIVE's acceptance of Subscriber's order, unless stated otherwise.
b) Price Validity. Unless prices are changed by T3 LIVE in accordance with these Terms, prices are valid for the period set forth in a Transaction Document. Product prices for an order remain valid for ninety (90) days from original order date unless otherwise quoted by T3 LIVE.
c) Taxes. Prices are exclusive of, and Subscriber shall pay, all taxes, duties, levies or fees, or other similar charges imposed on T3 LIVE or on the Subscriber by any taxing authority (other than taxes imposed on T3 LIVE's income) related to Subscriber's order, unless Subscriber has provided T3 LIVE with an appropriate resale or exemption certificate for the delivery location. "Delivery location" means the location where T3 LIVE transfers title or possession of Products to Subscriber or its designate or the location where Support is performed or, in the case of remote or intangible Support, where the Products being serviced are located.
d) Withholding Tax. If Subscriber is required by law to withhold and remit tax relating to Subscriber's order, Subscriber shall:
1) Be entitled to reduce the payment by the amount of such tax;
2) Withhold and remit such tax to the applicable tax jurisdiction;
3) Assist T3 LIVE to obtain the benefit of any reduced withholding tax under applicable tax treaties; and
4) Furnish to T3 LIVE a tax certificate or other acceptable evidence of payment of such tax as required by the relevant taxing authorities.
a) Orders. Orders will be governed by these Terms and are subject to acceptance by T3 LIVE. Orders must specify an email address.
b) Cancellation. Subscriber may cancel an order for Product within 7 calendar days of purchase. Cancellation or refund request must be made via email to SubscriberService@T3Live.com to be valid.
a) Delivery. If applicable, T3 LIVE will deliver Products by arranging shipping to the receiving area at the "ship to" address specified in Subscriber's order within the country in which T3 LIVE accepted the order. T3 LIVE may deliver Products through electronic transmission to, or electronic access or download by Subscriber in the country where T3 LIVE accepted the order.
b) Delivery Charges. Transportation and handling charges are payable by Subscriber and will be specified in a T3 LIVE invoice unless otherwise specified in a Transaction Document. Special packing or shipping arrangements will be charged separately to Subscriber.
c) Delivery Requirements. If T3 LIVE is unable to meet Subscriber's Product delivery requirements, Subscriber may cancel that order, and such cancellation is Subscriber's sole remedy.
a) Payment Terms. Subscriber agrees to pay, without offset, all amounts due at the time of purchase unless a multi-payment plan has been selected. If a multi-payment plan is selected, future payments must be made at the agreed intervals. T3 LIVE may change credit or payment terms for unfulfilled orders if, in T3 LIVE's reasonable opinion, Subscriber's financial condition, previous payment record, or relationship with T3 LIVE merits such change.
b) Subscriber Default. T3 LIVE may discontinue performance if Subscriber fails to pay any sum due, or if after ten (10) days written notice Subscriber has not cured any other failure to perform under these Terms.
c) Security Interest. T3 LIVE retains a security interest in Products until payment. Subscriber shall execute any paperwork required by T3 LIVE to effectuate any such security interest.
a) Warranty Statements. T3 LIVE limited warranty statements for Training, Software and Support, as applicable, are contained in their respective sections of these Terms. The limited warranties in these Terms are subject to the terms, limitations, and exclusions contained in the limited warranty statement provided for the Product in the country where that Product is located when the warranty claim is made. A different limited warranty statement may apply and be quoted if the Product is purchased as part of a system.
b) Exclusions. T3 LIVE is not obligated to provide warranty services or Support for any claims resulting from:
1) subscriber's non-compliance with instructions;
2) improper or inadequate maintenance or calibration;
3) subscriber or third-party media, software, interfacing, supplies, or other products;
4) modifications not performed or authorized by T3 LIVE;
5) virus, infection, worm or similar malicious code not introduced by T3 LIVE; or
6) abuse, negligence, accident, loss or damage in transit, fire or water damage, electrical disturbances, transportation by Subscriber, or other causes beyond T3 LIVE's control.
c) Non-T3 LIVE Branded Products and Support. T3 LIVE provides third-party products, software, and services that are not T3 LIVE Branded "AS IS" without warranties of any kind, although the original manufacturers or third party suppliers of such products, software and services may provide their own warranties.
d) Disclaimer. THE WARRANTIES AND ANY ASSOCIATED REMEDIES EXPRESSED OR REFERENCED IN THESE TERMS ARE EXCLUSIVE. NO OTHER WARRANTY, WRITTEN OR ORAL, IS EXPRESSED OR IMPLIED BY T3 LIVE OR MAY BE INFERRED FROM A COURSE OF DEALING OR USAGE OF TRADE TO THE EXTENT ALLOWED BY LOCAL LAW T3 LIVE DISCLAIMS ALL IMPLIED WARRANTIES OR CONDITIONS INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
T3 Live publishes information that is educational in nature and designed to contribute to your overall understanding of various types of technical analysis and how we apply this information to the financial markets. We are in no way recommending the purchase, sale or short sale of any securities, options, futures or other financial instruments. Trading of stocks, options, and futures may not be suitable for everyone and may involve the risk of losing part of your money, all of your money, or in the case of futures, more than all of your money. We at T3 Live are not Financial Advisors or Registered Analysts. We do not offer trading models for you to copy. These models represent our own opinions and are intended to teach our style of short-term trading. For example, if technology stocks happen to be selling off day after day, members can review our newsletters and portfolios and actions taken in the live trading rooms to see what we are thinking or doing, and how we are handling that type of situation. It is up to you to make your own decisions as what you want to do with your own portfolio.
We do not claim to have a special insight into the markets that prevent us from making mistakes. We do make mistakes. However, we believe our successes more than make up for our mistakes, and will continue to offer our education until proven otherwise. Observe our mistakes and utilize these lessons in your own trading programs.
Trading of stocks, and especially options and futures, may not be suitable for everyone. Though there are large potential rewards, short-term trading is very risky, especially when your accounts are fully margined. There is certainly a chance in which you can lose all of your money. If you are trading futures, there is a chance that your account can go negative, and that you will end up owing money to your broker. In addition, prior to buying or selling a stock, option, or futures contract, an investor will need a broker, and they must meet suitability requirements in order to trade these specific instruments.
INTELLECTUAL PROPERTY RIGHTS
No rights in copyright, patents, trademarks, trade secrets, or other intellectual property are granted by either party to the other except as expressly provided under these Terms. Subscriber will not register or use any mark or internet domain name that contains T3 LIVE's trademarks (e.g., "T3 LIVE", "T3 Live", or "T3").
T3 Live contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of T3 Live are copyrighted as a collective work under the United States copyright laws. T3 Live owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. Subscriber may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. Subscriber may download copyrighted material for Subscriber's personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express written permission of T3 Live and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. Subscriber acknowledges that it does not acquire any ownership rights by downloading copyrighted material.
Products, Support, and Deliverables are not specifically designed to be trading advice or recommendations. Subscriber is solely liable if Products, Support, or Deliverables purchased by Subscriber are used for trading and will indemnify and hold T3 LIVE harmless from all loss, damage, expense, or liability in connection with such use.
Subscriber shall not upload, post or otherwise make available on T3 Live any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with Subscriber. Subscriber shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to any public area of T3 Live, Subscriber automatically grants, or warrants that the owner of such material has expressly granted T3 Live the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. Subscriber shall not permit any other Subscriber to access, view, store or reproduce the material for that Subscriber's personal use. Subscriber hereby grants T3 Live the right to edit, copy, publish and distribute any material made available on T3 Live by Subscriber.
LIMITATION OF LIABILITY AND REMEDIES
a) Disclaimer. EXCEPT FOR CLAIMS BY A PARTY FOR INFRINGEMENT OF THEIR INTELLECTUAL PROPERTY RIGHTS AGAINST THE OTHER PARTY, IN NO EVENT WILL EITHER PARTY BE LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL, OR CONSEQUENTIAL COSTS OR DAMAGES OF ANY KIND OR FOR ANY DOWNTIME COSTS; LOST BUSINESS, REVENUES, OR PROFITS; FAILURE TO REALIZE EXPECTED SAVINGS; LOSS OR UNAVAILABILITY OF OR DAMAGE TO DATA; OR SOFTWARE RESTORATION WHETHER OR NOT THAT PARTY WAS AWARE OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF SUCH COSTS, EXPENSES, OR DAMAGES.
c) Legal Theory. TO THE EXTENT ALLOWED BY LOCAL LAW, THESE LIMITATIONS WILL APPLY REGARDLESS OF THE BASIS OF LIABILITY, INCLUDING NEGLIGENCE, MISREPRESENTATION, BREACH OF ANY KIND, OR ANY OTHER CLAIMS IN CONTRACT, TORT OR OTHERWISE.
a) Electronic Orders and EDI. Where facilitated under local law, the parties may do business electronically, including order placement and acceptance. Once accepted, such orders will create fully enforceable obligations subject to these Terms. Such orders and acceptances will be deemed for all purposes to be an original signed writing. Subscriber and T3 LIVE will adopt commercially reasonable security measures for password and access protection.
b) Internal Use. Products and Support acquired by Subscriber under these Terms are solely for Subscriber's own internal use and not for resale or sub-licensing.
c) Force Majeure. Neither party will be liable for performance delays or for non-performance due to causes beyond its reasonable control; however, this provision will not apply to Subscriber's payment obligations.
d) Assignment. Subscriber may not assign, delegate or otherwise transfer all or any part of its rights or obligations under these Terms without prior written consent from T3 LIVE. Any such attempted assignment, delegation, or transfer will be null and void. Assignments of T3 LIVE VTF Logins are subject T3 LIVE's approval.
e) Export and Import. By accepting these Terms Subscriber confirms that Subscriber is not located in (or a national resident of) any country under U.S. Economic embargo or sanction, not identified on any U.S. Department of Commerce Denied Persons List, Entity List of proliferation concern, on the US State Department Debarred Parties List or Treasury Department Designated Nationals exclusion list, and not directly or indirectly involved in the financing, commission or support of terrorist activities or in the development or production of nuclear, chemical, biological weapons or in missile technology programs as specified in the U.S. Export Administration Regulations (15 CRF 744) and hardware, Software, technology, or Support acquired subject to these Terms may not be exported, re-exported, transferred or downloaded to any such entity. T3 LIVE may suspend performance under these Terms: 1) if the Subscriber is in violation of any applicable laws or regulations, and 2) to the extent necessary to assure compliance under the U.S. or other applicable export or similar regulations.
f) Governing Law. Disputes arising from these Terms will be governed by the law of the jurisdiction of the principal place of business of the T3 LIVE Affiliate accepting the order to which the dispute relates and the courts of that locale will have jurisdiction, except that T3 LIVE may, at its option, bring suit for collection in the country where the Subscriber Affiliate that placed the order is located. Subscriber and T3 LIVE agree that the United Nations Convention on Contracts for the International Sale of Goods will not apply to these Terms. Claims arising or raised in the United States will be governed by the laws of the State of California, excluding rules as to choice and conflict of law.
g) Bankruptcy. If either party becomes insolvent, is unable to pay its debts when due, files for bankruptcy, is subject of involuntary bankruptcy, has a receiver appointed, or has its assets assigned, the other party may cancel any unfulfilled obligations.
h) Survival. Any provisions in these Terms which by their nature extend beyond the termination or expiration of any sale or license of Products or Support will remain in effect until fulfilled and will apply to both parties' respective successors and permitted assigns.
i) Notices. All notices that are required under these Terms will be in writing and will be considered effective upon receipt.
j) Entire Agreement. These Terms represent the entire agreement between T3 LIVE and Subscriber regarding Subscriber's purchase of Products and Support, and supersedes and replaces any previous communications, representations, or agreements, or Subscriber's additional or inconsistent terms, whether oral or written. In the event any provision of these Terms is held invalid or unenforceable the remainder of the Terms will remain enforceable and unaffected thereby.
k) Waiver. Neither party's failure to exercise or delay in exercising any of its rights under these Terms will constitute or be deemed a waiver or forfeiture of those rights.
l) Independent Contractor. T3 LIVE is an independent contractor in the performance under these Terms and neither T3 LIVE nor any T3 LIVE personnel are employees or agents of Subscriber. Nothing in these Terms will be construed as creating a joint venture, partnership or employment relationship between the parties, nor will either party have the right, power or authority to create any obligation or duty, express or implied, on behalf of the other.
B. T3 LIVE Product terms
a) Description of Support. T3 LIVE will deliver Support according to the description of the offering, eligibility requirements, service limitations, and Subscriber responsibilities described in the relevant Documents to keep www.T3Live.com and the VTF, as well as other Products, up and running to the best of its ability.
b) Cancellation. Subscriber may cancel orders upon thirty (30) days written notice, unless otherwise stated. T3 LIVE may discontinue Products without notice, unless otherwise stated in a Transaction Document. If Subscriber cancels prepaid products, T3 LIVE will refund Subscriber a pro-rata amount for the unused prepaid Support, subject to any restrictions or applicable early termination fees as set forth in a Transaction Document.
c) Local Availability. Subscriber may order Products from T3 LIVE's current offerings. Some offerings, features, and coverage (and related Products) may not be available in all countries or areas. In addition, delivery of Products outside the applicable T3 LIVE coverage areas may be subject to travel charges, longer response times, reduced restoration or repair commitments, and reduced coverage hours.
d) Service Providers. T3 LIVE reserves the right and Subscriber agrees to T3 LIVE's use of T3 LIVE-authorized service providers to assist in the delivery of Products.
e) Modifications. Subscriber will allow T3 LIVE, at T3 LIVE's request and at no additional charge, to modify Products to improve operation, supportability, and reliability, or to meet legal requirements.
f) Support Warranty. T3 LIVE warrants that it will perform Support using generally recognized commercial practices and standards.
PRICING, INVOICING AND ADDITIONAL SERVICES
a) Pricing. Except for prepaid Products or as otherwise stated in a Transaction Document, T3 LIVE may change Product prices at any time.
b) Additional Services. Additional services performed by T3 LIVE at Subscriber's request that are not included in Subscriber's purchased Product will be chargeable at the applicable published Product rates.
a) Data Backup. To reconstruct lost or altered Subscriber files, data, or programs, Subscriber must maintain a separate backup system or procedure that is not dependent on the Products.
b) Temporary Workarounds. Subscriber will implement temporary procedures or workarounds provided by T3 LIVE while T3 LIVE works on permanent solutions.
c) Hazardous Environment. Subscriber will notify T3 LIVE if Subscriber uses Products in an environment that poses a potential health or safety hazard to T3 LIVE employees or subcontractors. T3 LIVE may require Subscriber to maintain such Products under T3 LIVE supervision and may postpone service until Subscriber remedies such hazards.
d) Lawful Purposes Only. Subscriber shall use T3 Live for lawful purposes only. Subscriber shall not post or transmit through T3 Live any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without T3 Live's express prior approval, contains advertising or any solicitation with respect to products or services. Any conduct by Subscriber that in T3 Live's discretion restricts or inhibits any other Subscriber from using or enjoying T3 Live will not be permitted. Subscriber shall not use T3 Live to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of users to become subscribers of other on-line information services competitive with T3 Live
4. REFUND POLICY
A full refund will be issued within 5 business days of initiation of original subscription. Thereafter, pricing will be prorated for each calendar day of the month up to the 15th of such month. After the 15th of any given month, no refund will be given for that month.
A full refund will be issued within 5 business days of initiation of original subscription. Thereafter, pricing will be prorated for each calendar day of the month up to the 15th of such month. After the 15th of any given month, no refund will be given for that month. In addition, if an annual subscription is cancelled earlier than 6 months from original initiation; pricing will revert to monthly standard pricing structure.
Seminar, Lab and In-House Coaching Products:
Prior to 1 month before the commencement date of the program a full refund will be issued. Within 1 month of the commencement date until 5 calendar days before the commencement date a 95% refund of the total cost of the program will be issued. Within 5 calendar days of the commencement date no refund will be issued.
Momentum and Technical Trading Courses, Freshman Trader Package and Home Training Package:
A 50% refund will be issued within 5 business days of initiation of original subscription. No refund will be issued thereafter.
One-on-One Phone Coaching:
Within 5 business days of the initiation of the original subscription and prior to the first phone coaching session a full refund will be issued. After 5 business days of the initiation of the original subscription and prior to the first phone coaching session a 90% refund will be issued. After the first but before the second phone coaching session a 50% refund will be issued. After the second phone coaching session no refund will be issued.
ACCEPTANCE OF THESE TERMS AND CONDITIONS
By accepting these Terms and Conditions, you are acknowledging the risks involved in trading the stock, options, and futures markets and are also acknowledging that you, the subscribers, and not T3 Live, are solely responsible for any losses, financial or otherwise, as a result of using this service. T3 Live shall under no circumstances be liable for any lost profits, lost opportunities, misstatements, or errors contained within these pages. You also agree that T3 Live will not be held liable for data accuracy, server problems, or any special or consequential damages that result from the use of, or the inability to use, any or all of the materials published on our Website. You agree to hold T3 Live harmless for any act resulting directly or indirectly from this site, its data, content, materials, associated pages and documents.
Employees of T3 Live may or may not have positions in the educational picks posted to the site through its newsletters or in the trading rooms. In addition, 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 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, including the ability to withstand losses. Finally, past performance is in no way indicative of future results.