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T3 LIVE, LLC TERMS OF USE & CONDITIONS

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.

T3 LIVE BASE TERMS

ACCEPTANCE OF TERMS

By using any of our services (both free and paid premium), you agree to comply with these Terms and Conditions. If you do not agree to the terms and conditions contained herein you agree not to use the services, and we do not consent to provide you with access to the services. Subject to and in compliance with the terms and conditions set forth herein, T3 Live may provide its users with access to:

Free content including but not limited to blogs and content written by T3 Live commentators, videos, emails, podcasts, webinars, conference calls, user-generated content, free trials, and free content written or provided by third parties which may include, without limitation, text, data, graphics, photographs, videos, or downloadable code or programs ("Third-Party Content")

The subscription services and the free services are collectively referred to herein as the "Services". You also understand and agree that the Services may include certain communications from T3 Live, such as service announcements, promotional marketing, contests, giveaways and administrative messages. In the event you would like to opt-out of these communications you may do so at any time but T3 Live will not continue to provide any of the aforementioned Free or Premium services.

CHANGES TO THE TERMS AND CONDITIONS AND OUR SERVICES

We reserve the right at any time to:

  1. Change the terms and conditions
  2. Change all or any portion of the Services, eliminating or discontinuing any content or feature of the Services (including but not limited to adding or removing particular commentators, ceasing to provide access to a Premium Service, and/or providing an alternative Premium Service to You as a replacement), and/or ceasing to provide Third-Party Content); or
  3. Change the fees, charges or other conditions for use of the Services (with reasonable notice, in our sole discretion).

Any changes we make to the terms and conditions will be effective immediately after we post the modified terms on the site. In the event that you have the terms and conditions cached on your browser, the terms and conditions that applies to you is the most recent version of the terms and conditions that appears on a non-cached browser. In addition, if a premium service is added or removed, or the terms of their engagement has changed, the terms and conditions may be modified with respect to such Premium Service. You should check our terms and conditions frequently.

DEFINITIONS

  1. Affiliate of a party means an entity controlling, controlled by, or under common control with, that party.
  2. Deliverable means the tangible work product resulting from the performance of Support excluding Products and Custom Products.
  3. Training means any educational content, seminar, class, related documentation, accessories, and updates.
  4. T3 LIVE Branded means Products and Support bearing a trademark or service mark of T3 Live or any T3 Live Affiliate.
  5. 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").
  6. VTF means the Virtual Trading Floor ®.
  7. 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.
  8. 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.
  9. Support means T3 Live maintenance and repair, Software maintenance, training, installation and configuration, and other standard support services provided by T3 LIVE and include "Custom Support" which is any agreed non-standard Support as described in a Statement of Work.
  10. 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").
  11. 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

  1. Prices
    1. Be entitled to reduce the payment by the amount of such tax;
  2. Price Validity
    1. Withhold and remit such tax to the applicable tax jurisdiction;
  3. Taxes
    1. Assist T3 LIVE to obtain the benefit of any reduced withholding tax under applicable tax treaties; and
  4. Withholding Tax
    1. Furnish to T3 LIVE a tax certificate or other acceptable evidence of payment of such tax as required by the relevant taxing authorities.

DELIVERY

  1. Delivery: If applicable, T3 LIVE will deliver Products by arranging shipping to the receiving area to 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.
  2. 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.
  3. 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.

PAYMENT

  1. 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.
  2. Subscription Renewals: Your subscription will continue for the period referenced during registration (the "term") and renew automatically at the end of the term unless you notify our Customer Service Team by phone at 1-888-998-3548, Monday-Friday between the hours of 9:00am and 5:00pm ET. We will not cancel a subscription based on an email, postal mail, etc. If you do not notify us as described above, your subscription will be renewed on the credit card you designated during the registration process for the same term as your original purchase or most recent renewal at the then-applicable retail-priced monthly, period, annual, etc. subscription rate. In connection with recurring billing for subscription renewals, you authorize T3 Live to bill your credit card account number, regardless of whether the other information associated with your subscription has changed, including but not limited to the expiration date of the physical card with which you subscribed. We may receive updated information about your account from the financial institution issuing your credit or charge card. You agree to pay all fees and charges incurred in connection with your user name, member name and password (including any applicable taxes) at the rates in effect when the charges were incurred. You agree to pay all amounts due upon our demand. In the event we have to collect unpaid amounts that you may owe T3 Live, you will be liable for all of our attorney and collection agency fees.
  3. 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.
  4. 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.

WARRANTY PROVISIONS

  1. Warranty Statements Exclusions.
    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.
  2. Non-T3 LIVE Branded Products and Support.
  3. 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.

RESTRICTED USE

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.

GENERAL

  1. 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.
  2. 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.
  3. Force Majeure: Neither party will be liable for performance delays nor for non-performance due to causes beyond its reasonable control; however, this provision will not apply to Subscriber's payment obligations.
  4. 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.
  5. 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.
  6. 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.
  7. 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.
  8. 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.
  9. Notices: All notices that are required under these Terms will be in writing and will be considered effective upon receipt.
  10. 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.
  11. 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.
  12. 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

REGISTRATION AND PRIVACY

In order to gain access to portions of the services, you must become a member by choosing a unique user name, member name and password, and supply us with true, accurate, current and complete information about yourself, as required on the registration page. We may refuse to grant you a username and member name that is threatening, abusive, offensive, harassing, derisive, defamatory, vulgar, obscene, libelous, invasive of another's privacy, impersonates someone else, is or may be protected by trademark or proprietary rights law, or is hatefully, racially, ethnically or otherwise objectionable, or inappropriate, as determined by us in our sole discretion. In consideration of your use of the services, you represent that you are of legal age to form a binding contract and are not a person barred from receiving the Services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Services' registration form and (b) maintain and promptly update your registration data to keep it true, accurate, current and complete.

Our policy with respect to the collection and use of your personal information is set forth in our Privacy Policy.

As a member, you also have certain other obligations relating to your account:

  1. You may not transfer to or resell Your use of or access to the Services to any third party;
  2. You are responsible for all activities that occur under Your account;
  3. You are responsible for maintaining the confidentiality of Your user name, member name and password; and

You agree to notify us at customerservice@t3live.com if You become aware of any possible unauthorized use(s) of Your account or any possible breach of security, including loss, theft, or unauthorized disclosure of Your user name, member name or password.

T3 LIVE PRODUCT TERMS

SUPPORT SERVICES

  1. 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.
  2. 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.
  3. 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.
  4. 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.
  5. Support Warranty: T3 LIVE warrants that it will perform Support using generally recognized commercial practices and standards.

PRICING, INVOICING AND ADDITIONAL SERVICES

  1. Pricing: Except for prepaid Products or as otherwise stated in a Transaction Document, T3 LIVE may change Product prices at any time.
  2. Additional ServicesAdditional 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

SUBSCRIBER RESPONSIBILITIES

  1. 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.
  2. Temporary Workarounds: Subscriber will implement temporary procedures or workarounds provided by T3 LIVE while T3 LIVE works on permanent solutions.
  3. 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.
  4. 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

ACCESS TO THE VIRTUAL TRADING FLOOR AND MENTORING ROOMS

In order to participate in any of the Virtual Trading Floor and mentoring rooms (herein as VTF), you agree to:

  1. Create only one (1) account, which you may not share with anyone else;
  2. Provide accurate, truthful, current and complete information when creating your account;
  3. Maintain and promptly update your account information;
  4. Maintain the security of your account by not sharing your password with others and restricting access to your account and your computer;
  5. Promptly notify T3 Live if you discover or otherwise suspect any security breaches relating to the VTF or T3 Live Website; and
  6. Take responsibility for all activities that occur under your account and accept all risks of unauthorized access.The VTF is an English language online chat forum and multi-media service. The VTF is governed by United States law. Although persons in other countries are welcome to participate in the VTF, the topics and discussion are intended for use by persons in the United States.

By creating an account and participating in the VTF, you affirm that you are at least 18 years of age and fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use. If any of your information changes, you agree to update your registration information as soon as possible. If T3 Live suspects that your registration information is not complete, current, or accurate, or that you have otherwise violated these Terms of Use, your account may be subject to suspension or termination, and you may be barred from using the T3 Live Website or participating in the VTF.

Your invitation to participate in the VTF is personal and non-transferable. If you register with us, you agree to be responsible for any activities that occur under your account or password, and you agree you will not sell or otherwise transfer your membership or any membership rights, and you hereby release T3 Live from any and all liability that may arise in connection with your participation in the VTF. We may refuse to grant to you, and you may not use, a screen name or email address that is already being used by someone else, impersonates another person, belongs to another person (without that person's prior consent), violates the intellectual property or other rights of any person, is offensive for any reason, or that we reject for any other reason at our sole discretion. You may have only one screen name. You are responsible for maintaining the confidentiality of your password, and you will be held liable for all activities that occur under your screen name. You will notify T3 Live if your member name or password has been lost, stolen, or used by another person. If you become aware of any unauthorized use of your password or of your account, you agree to notify T3 Live immediately at customerservice@t3live.com. Even though the VTF is only open to authorized members, it should not be deemed a confidential VTF. Therefore, do not post or otherwise make available anything you would not want others to see in public. Also note that other members of the VTF can follow, communicate or connect with you once you start participating in the VTF, so your profile and what you say and what you post will be disclosed to others and we have no control over how other participants in the VTF will use the information you post or otherwise make available to the VTF.

POSTINGS ON THE VTF

Due to the interactive nature of postings on the VTF portion of the T3 Live Website, we are unable to assume responsibility for any of the materials posted by users. The ideas, suggestions, opinions, comments, and observations made by users, and any text, data, files, avatars, designs, contest submissions, photographs, images, likenesses, video, music, sound, voice recordings, chat, messages, files, biographical information or other material posted (all of which are referred to as "Postings") are not endorsed by T3 Live, and we make no guarantee regarding the reliability, accuracy, or quality of any Posting. Your Posting may be available for all other users to view and download.

You acknowledge that you will evaluate and bear any risks related to your use of any Posting, including any reliance on the accuracy, completeness, or usefulness of such Posting. All Postings to the VTF are the sole responsibility of the person who originally posted the Posting, and your sole recourse for any damage you may suffer as a result of Postings shall be to such individual. T3 Live expressly disclaims any and all liability in connection with Postings.

You shall be solely responsible for your own Postings and the consequences of posting or publishing them. You acknowledge that the Internet may be subject to breaches of security and you are aware that submissions of Postings or other information may not be secure, and you should consider this before submitting any information to T3 Live or the VTF and/or T3 Live Website. You also understand and acknowledge that:

  1. The VTF has wide access to ideas and other materials and that many ideas may be similar or identical to your submission (your Posting) and/or each other;
  2. You will not be entitled to any compensation as a result of T3 Live’ use of any such similar or identical material, except as specifically set forth in rules or other documents that govern certain aspects of your use of the VTF and/or T3 Live Website; and
  3. T3 Live does not now and will not have in the future any duty or liability, direct or indirect, vicarious, contributory, or otherwise, with respect to the infringement or protection of your copyright in and to your Posting. You agree that your Posting be treated as non-confidential and non-proprietary and will not be returned. You agree that you either:
    1. Own the rights to the Posting you submit and the right to grant all of the rights and licenses in these Terms of Use; or
    2. You have all necessary rights and licenses from the owner(s) of these rights to enter into these Terms of Use and grant T3 Live the license above. Upon T3 Live’ request, you will furnish T3 Live any documentation, substantiation or releases necessary to verify your compliance with these Terms of Use.

By submitting the Postings to the VTF, you hereby grant T3 Live a worldwide, irrevocable, non-exclusive, perpetual, royalty-free, sub licensable, and transferable right and license to use, reproduce, distribute, prepare derivative works of, display, and perform the Postings in connection with the VTF and/or T3 Live Website and T3 Live’ (and its successor's) business, including without limitation for promoting and redistributing part or all of the VTF and/or T3 Live Website (and derivative works thereof) in any media now known or hereafter developed, and may grant additional ownership or other rights as set forth in additional rules or other documents that govern certain aspects of your use of the VTF and/or T3 Live Website. You authorize T3 Live to publish your Posting in a searchable format that may be accessed by users of the VTF and/or T3 Live Website. Except as prohibited by law, you waive any moral rights you may have in any Posting you submit, even if such Posting is altered or changed in a manner not agreeable to you.

You further perpetually and irrevocably grant T3 Live the unconditional right to use, disseminate and display your name, persona and likeness included in any Posting and in connection with any Posting without any obligation or payment to you.

You agree that T3 Live has no obligation to monitor or enforce your intellectual property rights to your Postings but has the right to protect and enforce its rights to use your Postings. You further acknowledge and agree that T3 Live will not have any obligation to you with regard to Postings and that T3 Live may or may not monitor, display or accept your Postings and may delete them at any time and you may have no right to access or control any Postings that you provide once you provide it.

MONITORING AND ENFORCEMENT

You are solely responsible for your interaction with other users of the T3 Live Website, whether online or offline. We are not responsible or liable for the conduct of any user. Exercise common sense and your best judgment in your interactions with others, when you submit or post any personal or other information, and in all other online activities.

T3 Live reserves the right, but has no obligation, to monitor any and all use of and information transmitted or received through the T3 Live Website. T3 Live, in its sole discretion and without further notice to you, may review, censor or prohibit any activities that T3 Live determines violates any term or condition of these Terms of Use, including by revoking user access.

T3 Live may record and monitor any telephone or electronic communication for quality assurance purposes.

T3 Live does not pre-screen, verify or edit Postings in the VTF. However, T3 Live and its agents reserve the right to investigate any violation of the terms of these Terms of Use and to take such remedial action as it deems appropriate. T3 Live has the sole discretion to enforce the terms of these Terms of Use, including, but not limited to warning users of violations, disabling or suspending privileges and access, deleting, screening or editing any content or prohibiting any behavior that does not comply with these Terms of Use. If T3 Live decides it is necessary to remove any content, T3 Live may remove the entire thread and any accompanying material.

CONTENT IS FOR INFORMATION PURPOSES; NOT INVESTMENT ADVICE

The information shared by VTF members is for informational purposes ONLY. Such information is not meant to be financial or investment advice of any kind. The results described in VTF member testimonials are not indicative of the results individual investors may generally expect to achieve. Users should not expect to experience similar results.

NEITHER T3 LIVE NOR ANY THIRD PARTY HAS VERIFIED THE TRUTH OR ACCURACY OF THE RESULTS OR EXPERIENCES DESCRIBED IN THESE TESTIMONIALS.

Trading securities and other financial instruments can involve high risk and the loss of all amounts invested. Trading securities and other financial instruments on margin or with other forms of leverage or borrowings can result in losses in excess of the amount invested. Investment related information provided by any member of the VTF may not be appropriate for many investors, and is provided without respect to individual investor financial sophistication, financial situation, investing time horizon, or risk tolerance. Such information is for general information purposes only. None of such information is meant to constitute financial or investment advice.

LINKS TO THIRD PARTY SITES

The T3 Live Website, or communications you receive from the T3 Live Website, may contain links to third party websites or online features that are not owned, controlled, or endorsed by T3 Live. T3 Live has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. YOUR CORRESPONDENCE AND BUSINESS DEALINGS WITH OTHERS FOUND THROUGH THE T3 LIVE WEBSITE INCLUDING, WITHOUT LIMITATION, THE PAYMENT AND DELIVERY OF PRODUCTS AND SERVICES, AND ANY TERMS, CONDITIONS, WARRANTIES AND REPRESENTATIONS ASSOCIATED WITH ANY SUCH DEALINGS, ARE SOLELY BETWEEN YOU AND THE THIRD PARTY. By using the T3 Live Website or participating in the VTF, you specifically release T3 Live from any and all liability arising from your use of any third party website.

PROCEDURES FOR REPORTING VIOLATIONS OF THESE TERMS OF USE

Constructive feedback regarding T3 Live services can be submitted to customerservice@t3live.com.

Feedback regarding the T3 Live website, its use or application can be submitted to feedback@t3live.com.

The VTF is not an appropriate environment to express concerns about T3 Live, its partners, affiliates or services. Postings on the VTF do not constitute notice to T3 Live for any purpose. No one in the VTF is authorized to provide official responses to questions on behalf of T3 Live.

PROCEDURE FOR REPORTING COPYRIGHT INFRINGEMENTS

In accordance with the Digital Millennium Copyright Act of 1998 (the "DMCA"), If you are a copyright owner or an agent thereof and believe that any content on the T3 Live Website, including the VTF, infringes upon your copyrights, you may submit a notification pursuant to the DMCA by providing the following information in writing (see 17 U.S.C. 512(c)(3) for further detail):

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit T3 Live to locate the material;
  4. Information reasonably sufficient to permit T3 Live to contact you, such as an address, telephone number, and, if available, an email address;
  5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  6. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

If you are the content provider and you believe that your content that was removed or to which access was disabled is either not infringing, or you believe that you have the right to post and use such content from the copyright owner, the copyright owner's agent, or pursuant to the law, you must send a counter-notice containing the following information to the Designated Agent:

  1. Your physical or electronic signature;
  2. Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
  3. A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
  4. Your name, address, telephone number, and, if available, e-mail address; and
  5. A statement that you consent to the jurisdiction of the Federal Courts located in New York and that you will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received, T3 Live may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at T3 Live’ discretion.

Please send your notice of claims of copyright infringement or counter-notices to:

T3 Live, LLC

1 State Street Plaza

New York, NY 10004

Attn: Evan Lazarus

It is often difficult to determine if your intellectual property rights have been violated or if the DMCA requirements have been met. We may request additional information before we remove any infringing material. If a dispute develops as to the correct owner of the rights in question, we reserve the right to remove your content along with that of the alleged infringer pending resolution of the matter. T3 Live will provide you with notice if your materials have been removed based on a third party complaint of alleged infringement. We have a policy of terminating the accounts of users who (in our reasonable discretion) are repeat infringers.

SUBSCRIPTION CANCELLATION AND REFUND POLICY FOR ALL PREMIUM AND PAID SERVICES

  1. During the free-trial portion of your subscription, if any, You may cancel Your subscription to the Premium Service at any time and not be billed by notifying our Customer Service Department by telephone at (888) 998-3548 or via email at customerservice@t3live.com Monday through Friday between the hours of 9:00 a.m. and 5:00 p.m. ET.

    Please Note:

    1. Upon the commencement of your initial subscription (which occurs at the expiration of your free trial, or if you are not receiving a free trial, upon your registration for a subscription) your credit card will be billed the applicable subscription fee and your paid subscription will commence.
  2. If you are a monthly subscriber, you will not receive a refund or reimbursement of your monthly subscription fee. If you cancel your monthly subscription, you will not be charged any future monthly subscription fees.
  3. Quarterly and Semi-Annual Term Subscribers: If you are a subscriber of any product with a term of of three (3) months and/or six (6) months, you may receive a full refund of your subscription fee for your recurring subscription term only if you cancel within five (5) days of the commencement of your initial subscription. If you cancel your subscription at any time after that initial five (5) day period, you will not be entitled to any refund, reimbursement, or other credit on account of the cancellation of your subscription. In order to properly cancel your subscription, you must notify our Customer Service Department by telephone at (888) 998-3548 Monday through Friday between the hours of 9:00 a.m. and 5:00 p.m. ET. You may not cancel a subscription by any other means (such as by sending a request via email, postal mail or by calling any other phone number). If your subscription term is longer than a month and you cancel your initial subscription in accordance with the foregoing procedure, your account will be credited within 7-14 business days following your call.
  4. Annual Term Subscribers (or longer): If you are a subscriber for any product with an annual term (or longer), you may receive a full refund or reimbursement of your recurring subscription term only If you cancel within thirty (30) days of the commencement of your initial subscription. If you cancel your subscription at any time after that initial thirty (30) day period, you will not be entitled to any refund, reimbursement, or other credit on account of the cancellation of your subscription. In order to properly cancel your subscription, you must notify our Customer Service Department by telephone at (888) 998-3548 Monday through Friday between the hours of 9:00 a.m. and 5:00 p.m. ET. You may not cancel a subscription by any other means (such as by sending a request via email, postal mail or by calling any other phone number). If your subscription term is longer than a month and you cancel your initial subscription in accordance with the foregoing procedure, your account will be credited within 7-14 business days following your call.
  5. Seminar, Lab and In-House Coaching Products: Full refunds will be issued up to but no later than 10 days prior to the start date of the respective live event. Cancellation after this time will not be refunded.
  6. Education Courses: All education courses are final sales. No refunds will be issued after purchase.
  7. Please also read the Subscription Renewal provisions, below.

SUBSCRIPTION RENEWAL FOR PREMIUM AND PAID SERVICES

YOU SHOULD READ THESE TERMS CLOSELY BEFORE YOU SUBSCRIBE FOR A PREMIUM SERVICE.

  1. Your subscription will continue for the period referenced during registration (the "Term"), and renew automatically at the end of the Term, unless You notify us of Your decision not to renew your subscription by calling our Customer Service Department by telephone at (888) 998-3548 Monday through Friday between the hours of 9:00 a.m. and 5:00 p.m. ET. You may not notify us of a decision not to renew your subscription by any other means (such as by sending a request via email, postal mail or by calling any other phone number).
  2. If you do not notify us as described above, the then-applicable monthly, periodic or annual fee for your subscription will be billed automatically to the credit card account you designated during the registration process (or subsequently changed).
  3. Please note that after your initial subscription, you will not receive a refund, reimbursement or other credit of your subscription fee after your subscription has renewed.
  4. In connection with recurring billing for subscription renewals, you authorize T3 Live to bill your credit card account number, regardless of whether the other information associated with your subscription has changed, including but not limited to the expiration date of the physical card with which you subscribed. We may receive updated information about your account from the financial institution issuing your credit or charge card. You agree to pay all fees and charges incurred in connection with your user name, member name and password (including any applicable taxes) at the rates in effect when the charges were incurred. You agree to pay all amounts due upon our demand. In the event we have to collect unpaid amounts you owe us, you will be liable for all of our attorneys' and collection agency fees.

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.

© 2012 T3 Live, LLC
  1. T3 LIVE, LLC is NOT a Broker Dealer. T3 LIVE, LLC engages in trader education and training. T3 LIVE, LLC offers a number of products and services, both electronically (over the internet through T3LIVE.com) and in person. Through T3 TV, an online video network that is available through T3LIVE.com, T3 LIVE, LLC provides LIVE pre/post market and stock analysis. Through T3LIVE.com, T3 LIVE, LLC offers the "Virtual Trading Floor", a community through which independent traders (subscribers), as well as select T3 Trading Group, LLC Traders, observe a virtual trading floor environment (as described below) for educational purposes. T3 LIVE, LLC also offers web-based, interactive training courses on demand.
  2. Subscribers are able to see if traders are long or short and what symbols as part of best practices in regards to disclosure. Subscribers do not see trader' screens, trades or size of positions. T3 requires traders to disclose whether they are long or short and which stocks they are trading to ensure that the community is fully informed and that traders substantiate their opinions. This approach is modeled after the analyst disclosures that accompany commentary on particular stocks on CNBC or other financial news media (as per FINRA Rules 2210 and 2711).
  3. The seminars given by T3 LIVE, LLC are for educational purposes only. This information neither is, nor should be construed, as an offer, or a solicitation of an offer, to buy or sell securities. You shall be fully responsible for any investment decisions you make, and such decisions will be based solely on your evaluation of your financial circumstances, investment objectives, risk tolerance, and liquidity needs.
  4. This material is being provided to you for educational purposes only. No information presented constitutes a recommendation by T3 LIVE, LLC or its affiliates to buy, sell or hold any security, financial product or instrument discussed therein or to engage in any specific investment strategy. The content neither is, nor should be construed as, an offer, or a solicitation of an offer, to buy, sell, or hold any securities. You are fully responsible for any investment decisions you make. Such decisions should be based solely on your evaluation of your financial circumstances, investment objectives, risk tolerance and liquidity needs.
  5. The videos and blogs shown on T3 LIVE, LLC are for informational purposes only. The investment ideas and expressions of opinion may contain forward looking statements and should not be viewed as recommendations, personal investment advice or considered an offer to buy or sell securities. T3 LIVE, LLC statements and opinions are subject to change without notice and should be considered only as part of a diversified portfolio.
  6. T3 LIVE, LLC and T3 Trading Group, LLC are separate, but affiliated companies.
  7. T3 Trading Group, LLC is a Registered SEC Broker-Dealer and Member of the CBOE Stock Exchange (CBSX www.CBOE.com). All trading conducted by contributors on Virtual Trading Floor is done through T3 Trading Group, LLC. For more information on T3 Trading Group, LLC please visit www.T3Trading.com.
  8. Global Trading Plus, LP (“GTP”) is the exclusive provider of T3 LIVE, LLC products in Europe, all the former Soviet Republics (dating back to 1991), and Israel. GTP is a separate company and has no common ownership with T3 LIVE, LLC, T3 Trading Group, LLC.