Terms and Conditions

TERMS OF USE AND OWNERSHIP AGREEMENT

TradeSmart University's products are owned and operated by TradeSmart University LLC in conjunction with others pursuant to contractual arrangements.

TradeSmart University products are intended for use solely by the individual that accesses our website or, in the case of TradeSmart University products offered for sale, by the individual that has purchased the product unless otherwise duly noted.

You may access and use the materials provided by TradeSmart University, and download and/or print out a copy of the materials, solely for your personal use. However, it is important to note that you may not allow another person to use your access codes, and you may not allow or facilitate multiple users using the same access code to obtain TradeSmart University products.

TradeSmart University products encompass the information provided on this website, written materials that you may receive from us, and courses and presentations obtained from us, whether in-person or through electronic access (including through the website, webinars, online video training, DVDs, or any other similar product).

As a user, you are granted a limited, non-exclusive, personal, non-assignable, and non-transferable license to use TradeSmart University products in exchange for your agreement to these Terms of Use and other applicable terms provided to you when you obtain TradeSmart University products. It is important to understand that we reserve the right to revoke your access to TradeSmart University products if you violate the applicable terms, without limiting our other legal and equitable remedies.

In order to provide you with TradeSmart University products, we may permit you to access our computer systems, certain databases and services, documentation, software, and data, which are owned by us, but to which we are not granting you any rights. Please note that you do not acquire any ownership rights by using any TradeSmart University products.

Lastly, the ownership of the TradeSmartU.com website and related websites, as well as other TradeSmart University products, remains the property of TradeSmart University LLC.

INTELLECTUAL PROPERTY RIGHTS

TradeSmart University, the TradeSmart University logo, and other trademarks used with TradeSmart University products, including the TradeSmartU.com website, are owned by TradeSmart University LLC, its Affiliates, or third parties. You may not use or reproduce such trademarks without written permission from TradeSmart University or other applicable trademark holder. You may not use any metatags or other hidden text which incorporates TradeSmart University trademarks or TradeSmart University products.

The design, text, graphics, pictures, information, data, sound files, video files, and other materials and content, and the selection and arrangement thereof in the TradeSmart University products are the proprietary property of TradeSmart University LLC. TradeSmartU.com and other websites owned by TradeSmart University LLC, including the look and feel of such sites, may not be copied or imitated. You may not reproduce, store, sell, distribute, publish, broadcast, circulate, market, license, adapt, commercially exploit, or in any way transfer the TradeSmart University products or allow or facilitate third persons attempting to do so.

You may not republish, publicly display, upload, post, transmit, distribute, or time-share TradeSmart University products. You may not modify, adapt, translate, or create any derivative works from TradeSmart University products. You may not use any data mining, crawlers, spiders, robots, or similar data gathering or extraction methods. You may not download, index, or in any non-transitory manner store or cache any portion of the TradeSmart University products. You may not remove, deface, obscure, or alter any copyright, trademark, or other proprietary rights notices affixed to or provided with the TradeSmart University products.

You may not create a substitute or similar service or product through the use of or access to the TradeSmart University product. Our rights, including intellectual property rights, are protected by United States and international trademark, copyright, and other laws. We reserve all rights and remedies available to us, and nothing in our Terms of Use is intended to limit our rights and remedies.

SECURITY

To access some of the TradeSmart University products, we require that you provide us with information about you. We are providing you with access to those TradeSmart University products, in part, because you agree that the information you provide is accurate. In some instances you will also be given account numbers and access codes, such as a unique User Name and password. You are responsible for all activity conducted using your account numbers and access codes. If you have reason to believe that your account numbers or access codes are no longer secure, promptly change these numbers and codes by updating your account information, and immediately notify our customer service department by email at info@TradeSmart U.com or by telephone. Information that we collect from you, such as registration and credit card information, is subject to our privacy policy.

Disclaimer of Warranties: TRADESMART UNIVERSITY LLC. AND ITS AFFILIATES PROVIDE THE MATERIALS AVAILABLE AT TRADESMARTU.COM AND OTHER 'TRADESMART UNIVERSITY PRODUCTS, "AS IS" AND WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, TRADESMART UNIVERSITY LLC AND ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, SPONSORS AND ADVERTISERS DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ALL WARRANTIES RELATING TO THE ADEQUACY, ACCURACY OR COMPLETENESS OF ANY INFORMATION, PRODUCT OR SERVICES. TRADESMART UNIVERSITY LLC. AND ITS AFFILIATES, THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, SPONSORS AND ADVERTISERS DO NOT WARRANT THAT YOUR USE OF ANY TRADESMART UNIVERSITY PRODUCTS WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT TRADESMART UNIVERSITY PRODUCTS, INCLUDING THE SERVERS ON WHICH WEBSITES ARE HOSTED ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED OR OTHER WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR OBTAINING AND MAINTAINING ALL TELEPHONE, COMPUTER HARDWARE AND OTHER EQUIPMENT NEEDED TO ACCESS AND USE INFORMATION, PRODUCTS AND SERVICES, INCLUDING WEB SITES, AND ALL CHARGES RELATED THERETO. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF AND RELIANCE ONTRADESMART UNIVERSITY PRODUCTS AND SERVICES. OPINION, ADVICE, OR STATEMENT OF TRADESMART UNIVERSITY LLC, ITS AFFILIATES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, SPONSORS AND ADVERTISERS, WHETHER MADE ON A WEBSITE OR OTHERWISE, SHALL NOT CREATE ANY WARRANTY. YOUR USE OF TRADESMART UNIVERSITY PRODUCTS IS ENTIRELY AT YOUR OWN RISK.

LIMITATION OF LIABILITY

NEITHER TRADESMART UNIVERSITY LLC. NOR ITS AFFILIATES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, SPONSORS OR ADVERTISERS ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO ANY TRADESMART UNIVERSITY PRODUCT. YOUR SOLE REMEDY FOR DISSATISFACTION WITH ANY TRADESMART UNIVERSITY PRODUCTS IS TO STOP USING THEM. THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT—INCLUDING, WITHOUT LIMITATION—NEGLIGENCE, OR OTHERWISE) SHALL BE THE TOTAL AMOUNT PAID BY YOU, IF ANY, FOR THE TRADESMART UNIVERSITY PRODUCT. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

INDEMNIFICATION

You agree to indemnify, defend and hold TRADESMART UNIVERSITY LLC., its Affiliates and their respective officers, directors, employees and agents harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys' fees), or other expenses that arise directly or indirectly out of or from (a) your breach of these Terms of Use or other terms applicable to your use of TradeSmart University products; (b) any allegation that any materials that you submit to us or transmit to us infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; and/or (c) your activities in connection with any TradeSmart University product.

TERMINATION

Each of us can terminate our relationship with the other by discontinuing business with the other. For example, we may discontinue your access to TradeSmart University products in the event you are violating the Terms of Use. However, our rights and remedies under these Terms of Use, including our intellectual property rights, indemnification and limitation of liability, and any other agreement will continue to apply and survive the termination of the relationship. Upon termination, we may disable your access to some or all TradeSmart University products, including if you have violated these Terms of Use. Upon termination, you will not have access to your account or files or other content accessible through your account or a TradeSmart University product.

MISCELLANEOUS

These Terms of Use and any other agreement between TradeSmart University and you is governed by and construed in accordance with the laws of the State of Tennessee, United States of America, without regard to principles of conflicts of law. You agree to personal jurisdiction by the federal and state courts located in Tennessee, United States of America, and waive any jurisdictional, venue, or inconvenient forum objection to such courts. If any provision of our agreements is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions. These Terms of Use and any other agreements are not assignable, transferable or sub-licensable by you.

If TRADESMART UNIVERSITY LLC. takes any action to enforce the Terms of Use or any other agreement with you, without limiting any of its other legal or equitable rights and remedies, you shall pay the costs incurred by it in connection with such action, including reasonable attorneys' fees.

DISCLOSURES

From time to time, we make information available to you regarding our business and the trading industry. Remember, ALL TRADING AND INVESTMENT ACTIVITY INVOLVES RISK. We provide strategies and education designed to inform and teach you about trading and how possibly to limit risk and make profits from trading. There is no assurance that you will make profits from what you are learning from us. You should review the information on these pages from time to time.

TESTIMONIALS

Testimonials and similar statements about success are made for promotional purposes. Success and results described in testimonials or other statements may not be representative of other students' experiences. Results will vary, and there are no assurances you are likely to achieve successful investment or trading results.

LINKS TO OTHER WEBSITES

TradeSmart University and its Affiliates' websites may provide links to other third-party websites or resources. TradeSmart University and its Affiliates make no representations about any other website which you may access. TradeSmart University and its Affiliates are not responsible for the availability or any content, advertising, products, services or other materials from third parties.

DATA AND OTHER INFORMATION

TradeSmart University products could include inaccuracies or errors. We do not make guarantees as to the completeness or correctness of any TradeSmart University product. Any data used or made available by TradeSmart University is from sources believed by it to be reliable and accurate; however, TradeSmart University does not investigate the sources or confirm the data and it does not make any representations that the data or resulting calculations are complete or otherwise accurate.

From time to time, TradeSmart University may reference prior articles and opinions. These references may be selective, may reference only a portion of an article or opinion, and are likely not to be current. As markets change continuously, previously published information and data may not be current and should not be relied upon.

NOTICES ABOUT TRADING

TradeSmart University and its personnel are not registered broker-dealers or investment advisers. You are encouraged to speak with licensed broker-dealers, investment advisers or counselors of your choice regarding the appropriateness of investing or of any particular investment strategy or security. TradeSmart University products are for informational and educational purposes only, and no mention of a particular security in any TradeSmart University product constitutes a recommendation to buy, sell, or hold that or any other security, or that any particular security, portfolio of securities, transaction or investment strategy is suitable for any specific person. None of the information providers (e.g., instructors or sales persons or customer service representatives) or their affiliates will advise you personally concerning the nature, potential, value or suitability of any particular security, portfolio of securities, transaction, investment strategy or other matter. To the extent any of the information contained in any TradeSmart University product may be deemed to be investment advice, it is impersonal and not tailored to the individual investment needs of any specific person.

TradeSmart University personnel (e.g., instructors) are not subject to trading restrictions. TradeSmart University personnel could have a position in a security or initiate a position in a security at any time. In the event you enter into trading transactions, TradeSmart University personnel also may be trading or have positions in the same securities.

TradeSmart University products contain opinions about securities, and the opinions differ. For example, an opinion about a security in a certain TradeSmart University publication could differ from an opinion about the same security that is in another TradeSmart University publication. As another example, two instructors could have different views about the same security or factors affecting that security (such as market events).

All investments and trading involve risk. Trading and investing subjects you to risk of losses, including losses greater than your original investment. Many strategies, investments and securities (including options) are not suitable for everyone. TradeSmart University does not determine whether any strategy, investment or security is suitable for any individual.

Particularly with respect to options, prior to buying or selling an option, an investor must receive a copy of Characteristics and Risks of Standardized Options, called the Options Disclosure Document (ODD). This document is available from your broker-dealer or may be downloaded directly from The Options Clearing Corporation. 

CLICK HERE TO DOWNLOAD the Characteristics and Risks of Standardized Options.

No one should trade with money they cannot afford to lose. As such TradeSmart University directs all participants to practice trading with virtual, or fake funds. TradeSmart University in no way encourages individuals to place real money on any particular trade. Such decisions and any transaction related to such decision is at the sole discretion of the individual placing the trade.

PAST RESULTS ARE NOT INDICATIVE OF FUTURE PERFORMANCE.

Where hypothetical or simulated examples are provided, because they do not represent actual trading, they have limitations. They are designed with hindsight and thus, can be biased to select favorable performance results. Also, since the trades have not been executed, the results may have under or over compensated for certain factors such as the lack of market liquidity. Examples of trades and investment strategies do not include the costs of commissions, interest and dividends and other expenses. Keep in mind that these costs affect whether an investment is profitable.

QUESTIONS

Please send any questions you may have regarding our Terms and Conditions to:

info@tradesmartu.com