Term of Use
PLEASE READ CAREFULLY: UNLESS THE SUBSCRIBER HAS ANOTHER VALID WRITTEN AGREEMENT WITH CBL Strategies Inc. (“CBL Strategies”) OR ITS SUPPLIERS, WHICH TERMS APPLY TO THE SPECIFIC PRODUCT OR PRODUCTS PURCHASED FROM CBL Strategies, OR UNLESS OTHER, OR ADDITIONAL, CBL Strategies TERMS ARE SPECIFIED IN WRITING FOR A SPECIFIC PRODUCT OR SUPPORT, THE FOLLOWING CBL Strategies TERMS (THE “TERMS”) (TOGETHER WITH ANY ADDITIONAL CBL Strategies TERMS IF SO SPECIFIED) WILL APPLY AND GOVERN ALL CBL Strategies SALES AND LICENSES OF CBL Strategies PRODUCTS AND SUPPORT.
CBL Strategies BASIC TERMS
ACCEPTANCE OF TERMS
By using any CBL Strategies’s services, both free (and paid – the “Paid Services”), 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, CBL Strategies may provide its users with access to:
Free content including, but not limited to, blogs and content written by CBL Strategies 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 Paid 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 CBL Strategies, 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 understand that by doing so CBL Strategies will not continue to provide any of the aforementioned free services.
CHANGES TO THE TERMS AND CONDITIONS AND OUR SERVICES
We reserve the right at any time to:
- Change the terms and conditions
- 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 Paid Service, and/or providing an alternative Paid Service to You as a replacement), and/or ceasing to provide Third-Party Content);
- Change the fees, charges or other conditions for use of the Services (with reasonable notice, in our sole discretion).
- Provide you with similar services of equal or greater value for the remainder of your existing subscription, in the event that the service purchased is no longer available for any reason, encompassing but not limited to the service provider’s relationship with CBL terminating, including due to death or disability.
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 Paid Service is added or removed, or the terms of their engagement has changed, the Terms and Conditions may be modified with respect to such Paid Service. You should check our Terms and Conditions frequently.
- Affiliate of a party means an entity controlling, controlled by, or under common control with, that party.
- Deliverable means the tangible work product resulting from the performance of Support excluding Products and Custom Products.
- Training means any educational content, seminar, class, related documentation, accessories, and updates.
- CBL Strategies Branded means Products and Support bearing a trademark or service mark of CBL Strategies or any CBL Strategies Affiliate.
- Product means Training Products and the VTF listed in CBL Strategies’s standard price list at the time of CBL Strategies’s acceptance of Subscriber order, and including products that are modified, altered, or customized to meet Subscriber requirements (“Custom Products”).
- VTF® means the Virtual Trading Floor®.
- Specification means technical information about Products published in CBL Strategies Product manuals, user documentation, and technical data sheets in effect on the date CBL Strategies delivers Products to Subscriber.
- Statement of Work means an executed document so titled, that describes the Custom Support to be performed by CBL Strategies under the Support Terms section.
- Support means CBL Strategies maintenance and repair, Software maintenance, training, installation and configuration, and other standard support services provided by CBL Strategies and include “Custom Support” which is any agreed non-standard Support as described in a Statement of Work.
- Transaction Document(s) means an accepted Subscriber order (excluding pre-printed terms) and in relation to that order valid CBL Strategies quotations, CBL Strategies service descriptions, CBL Strategies limited warranty statements delivered with or otherwise made available to Subscriber with CBL Strategies, or other mutually executed documents that reference these CBL Strategies On-Line Single Order Terms.
- Version means a release of the CBL Strategies 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 CBL Strategies to its subscribers (also called a “Release”).
- Delivery: If applicable, CBL Strategies 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 CBL Strategies accepted the order. CBL Strategies may deliver Products through electronic transmission to, or electronic access or download by Subscriber in the country where CBL Strategies accepted the order.
- Delivery Charges: Transportation and handling charges are payable by Subscriber and will be specified in a CBL Strategies invoice unless otherwise specified in a Transaction Document. Special packing or shipping arrangements will be charged separately to Subscriber.
- Delivery Requirements: If CBL Strategies is unable to meet Subscriber’s Product delivery requirements, Subscriber may cancel that order, and such cancellation is Subscriber’s sole remedy.
- 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. CBL Strategies may change credit or payment terms for unfulfilled orders if, in CBL Strategies’s reasonable opinion, Subscriber’s financial condition, previous payment record, or relationship with CBL Strategies merits such change.
- Subscription Renewals: Your subscription will continue for the period referenced during registration (the “Subscription Period”) and renew automatically at the end of the Subscription Period 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 be responsible for the cancellation 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 Subscription Period 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 CBL Strategies 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 CBL Strategies, you will be liable for all of our attorney and collection agency fees.
- CBL Strategies 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.
- Security Interest: CBL Strategies retains a security interest in Products until payment. Subscriber shall execute any paperwork required by CBL Strategies to effectuate any such security interest.
- Warranty Statements Exclusions.
- subscriber’s non-compliance with instructions;
- improper or inadequate maintenance or calibration;
- subscriber or third-party media, software, interfacing, supplies, or other products;
- modifications not performed or authorized by CBL Strategies;
- virus, infection, worm or similar malicious code not introduced by CBL Strategies; or
- abuse, negligence, accident, loss or damage in transit, fire or water damage, electrical disturbances, transportation by Subscriber, or other causes beyond CBL Strategies’s control.
- Non-CBL Strategies Branded Products and Support.
- 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 CBL Strategies OR MAY BE INFERRED FROM A COURSE OF DEALING OR USAGE OF TRADE TO THE EXTENT ALLOWED BY LOCAL LAW CBL Strategies DISCLAIMS ALL IMPLIED WARRANTIES OR CONDITIONS INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. CBL Strategies publishes information that is educational in nature and designed to contribute to your overall understanding of various types of trading 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. CBL Strategies and its service providers 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 trading. It is up to you to make your own decisions as what you want to do with your own portfolio.
INTELLECTUAL PROPERTY RIGHTS
CBL Strategies’s has active trademarks (e.g., “CBL Strategies”, “CAL Squak”, or “CBL”). No rights in copyright, patents, trademarks, trade secrets, or other intellectual property are granted by CBL Strategies to you.
CBL Strategies 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 CBL Strategies are copyrighted as a collective work under the United States copyright laws. CBL Strategies 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 CBL Strategies 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 CBL Strategies harmless from all loss, damage, expense, or liability in connection with such use.
Subscriber shall not upload, post or otherwise make available on CBL Strategies 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 CBL Strategies, Subscriber automatically grants, or warrants that the owner of such material has expressly granted CBL Strategies 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 persons to access, view, store or reproduce the material designated for Subscriber’s personal use. Subscriber hereby grants CBL Strategies the right to edit, copy, publish and distribute any material made available on CBL Strategies by Subscriber.
- 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 CBL Strategies will adopt commercially reasonable security measures for password and access protection.
- 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.
- 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.
- 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 CBL Strategies. Any such attempted assignment, delegation, or transfer will be null and void. Assignments of CBL Strategies VTF Logins are subject CBL Strategies’s approval.
- 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. CBL Strategies 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.
- Governing Law: Disputes arising from these Terms will be governed by the law of the jurisdiction of the principal place of business of the CBL Strategies Affiliate accepting the order to which the dispute relates and the courts of that locale will have jurisdiction, except that CBL Strategies may, at its option, bring suit for collection in the country where the Subscriber that placed the order is located. Subscriber and CBL Strategies 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 New York, including rules as to choice and conflict of law.
- 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.
- 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.
- Notices: All notices that are required under these Terms will be in writing and will be considered effective upon receipt.
- Entire Agreement: These Terms represent the entire agreement between CBL Strategies 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.
- 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.
- Independent Contractor: CBL Strategies is an independent contractor in the performance under these Terms and neither CBL Strategies nor any CBL Strategies 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.
As a member, you also have certain other obligations relating to your account:
- You may not transfer to or resell Your use of or access to the Services to any third party;
- You are responsible for all activities that occur under Your account;
- You are responsible for maintaining the confidentiality of Your user name, member name and password; and
You agree to notify us at customerservice@CBLstrategies.ca 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.
CBL Strategies PRODUCT TERMS
- Description of Support: CBL Strategies will deliver Support according to the description of the offering, eligibility requirements, service limitations, and Subscriber responsibilities described herein to keep www.CBLStrategies.ca, as well as other Products, up and running to the best of its ability.
- Local Availability: Subscriber may order Products from CBL Strategies’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 CBL Strategies coverage areas may be subject to travel charges, longer response times, reduced restoration or repair commitments, and reduced coverage hours.
- Service Providers: CBL Strategies reserves the right and Subscriber agrees to CBL Strategies’s use of CBL Strategies-authorized service providers to assist in the delivery of Products.
- Modifications: Subscriber will allow CBL Strategies, at CBL Strategies’s request and at no additional charge, to modify Products to improve operation, supportability, and reliability, or to meet legal requirements.
- Support Warranty: CBL Strategies warrants that it will perform Support using generally recognized commercial practices and standards.
PRICING, INVOICING AND ADDITIONAL SERVICES
- Pricing: Except for prepaid Products or as otherwise stated in a Transaction Document, CBL Strategies may change Product prices at any time.
- Additional Services: Additional services performed by CBL Strategies at Subscriber’s request that are not included in Subscriber’s purchased Product will be chargeable at the applicable published Product rates
- Duplicate trials are not permitted for any CBL Strategies product or service
- Lawful Purposes Only: Subscriber shall use CBL Strategies for lawful purposes only. Subscriber shall not post or transmit through CBL Strategies 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 CBL Strategies’s express prior approval, contains advertising or any solicitation with respect to products or services. Any conduct by Subscriber that in CBL Strategies’s discretion restricts or inhibits any other Subscriber from using or enjoying CBL Strategies will not be permitted. Subscriber shall not use CBL Strategies 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 CBL Strategies.
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:
- Create only one (1) account, which you may not share with anyone else;
- Provide accurate, truthful, current and complete information when creating your account;
- Maintain and promptly update your account information;
- Maintain the security of your account by not sharing your password with others and restricting access to your account and your computer;
- Promptly notify CBL Strategies if you discover or otherwise suspect any security breaches relating to the VTF or CBL Strategies Website; and
- 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.
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 CBL Strategies 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 CBL Strategies 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 CBL Strategies immediately at customerservice@CBLstrategies.ca. 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
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. CBL Strategies 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 CBL Strategies or the VTF and/or CBL Strategies Website. You also understand and acknowledge that:
By submitting the Postings to the VTF, you hereby grant CBL Strategies 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 CBL Strategies Website and CBL Strategies’ (and its successor’s) business, including without limitation for promoting and redistributing part or all of the VTF and/or CBL Strategies 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 CBL Strategies Website. You authorize CBL Strategies to publish your Posting in a searchable format that may be accessed by users of the VTF and/or CBL Strategies 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 CBL Strategies 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 CBL Strategies 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 CBL Strategies will not have any obligation to you with regard to Postings and that CBL Strategies 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 CBL Strategies 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. Users further acknowledge that abiding by the terms of service means that they must interact civilly, without provocation, profanity, insult, etc. toward all fellow subscribers and CBL Strategies contributors, staff, and other affiliates.
CBL Strategies may record and monitor any telephone or electronic communication for quality assurance purposes.
CONTENT IS FOR INFORMATION PURPOSES; NOT INVESTMENT ADVICE
The information shared by our subscriber members is for informational purposes ONLY. Such information is not meant to be financial or investment advice of any kind. The results described in subscriber member testimonials are not indicative of the results individual investors may generally expect to achieve. Users should not expect to experience similar results.
NEITHER CBL Strategies 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 Alertsmay 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 CBL Strategies Website, or communications you receive from the CBL Strategies Website, may contain links to third party websites or online features that are not owned, controlled, or endorsed by CBL Strategies. CBL Strategies 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 CBL Strategies 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 CBL Strategies Website or participating in the VTF, you specifically release CBL Strategies from any and all liability arising from your use of any third party website.
Constructive feedback regarding CBL Strategies services can be submitted to customerservice@CBLstrategies.ca.
Feedback regarding the CBL Strategies website, its use or application can be submitted to customerservice@CBLstrategies.ca.
The Alert Systemis not an appropriate environment to express concerns about CBL Strategies, its partners, affiliates or services. Postings on the Alert Systemdo not constitute notice to CBL Strategies for any purpose. No one in the Alert Systemis authorized to provide official responses to questions on behalf of CBL Strategies.
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 CBL Strategies 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):
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- 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;
- 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 CBL Strategies to locate the material;
- Information reasonably sufficient to permit CBL Strategies to contact you, such as an address, telephone number, and, if available, an email address;
- 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
- 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:
- Your physical or electronic signature;
- 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;
- 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
- Your name, address, telephone number, and, if available, e-mail address; and
- 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, CBL Strategies 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 CBL Strategies’ discretion
Please send your notice of claims of copyright infringement or counter-notices to:
CBL Strategies Inc.
1 State Street Plaza
New York, NY 10004
Attn: Customer Service
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. CBL Strategies 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
- Purchases made from CBL Strategies Inc. are subject to the following refund policy:
- The current refund policy for each CBL Strategies service is located on its checkout page. Refunds are determined according to the refund policy in place at the time of purchase.
- Annual newsletter and Virtual Trading Floor® subscriptions are eligible for a refund of the purchase price less the retail price of one month of service for the same subscription. Refund requests must be received within 30 days of purchase by telephone (1-888-998-3548) or email at customerservice@CBLstrategies.ca
- Live and recorded education programs are nonrefundable.
SUBSCRIPTION RENEWAL FOR PREMIUM AND PAID SERVICES
YOU SHOULD READ THESE TERMS CLOSELY BEFORE YOU SUBSCRIBE FOR A Paid Service.
- Your subscription will continue for the period referenced during registration (the “Subscription Period”), and renew automatically at the end of the Subscription Period, 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)..
- 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).
- 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.
- In connection with recurring billing for subscription renewals, you authorize CBL Strategies 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 CBL Strategies, are solely responsible for any losses, financial or otherwise, as a result of using this service. CBL Strategies shall under no circumstances be liable for any lost profits, lost opportunities, misstatements, or errors contained within these pages. You also agree that CBL Strategies 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 CBL Strategies harmless for any act resulting directly or indirectly from this site, its data, content, materials, associated pages and documents.
Employees of CBL Strategies 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.
CBL Strategies Inc. (“Company”) is not an investment advisory service, nor a registered investment advisor or broker-dealer and does not purport to tell or suggest which securities or currencies customers should buy or sell for themselves. The independent contractors and employees or affiliates of Company may hold positions in the stocks, currencies or industries discussed here. You understand and acknowledge that there is a very high degree of risk involved in trading securities and/or currencies. The Company, the authors, the publisher, and all affiliates of Company assume no responsibility or liability for your trading and investment results. Factual statements on the Company’s website, or in its publications, are made as of the date stated and are subject to change without notice. It should not be assumed that the methods, techniques, or indicators presented in these products will be profitable or that they will not result in losses. Past results of any individual trader or trading system published by Company are not indicative of future returns by that trader or system, and are not indicative of future returns which be realized by you. In addition, the indicators, strategies, columns, articles and all other features of Company’s products (collectively, the “Information”) are provided for informational and educational purposes only and should not be construed as investment advice. Examples presented on Company’s website are for educational purposes only. Such set-ups are not solicitations of any order to buy or sell. Accordingly, you should not rely solely on the Information in making any investment. Rather, you should use the Information only as a starting point for doing additional independent research in order to allow you to form your own opinion regarding investments. You should always check with your licensed financial advisor and tax advisor to determine the suitability of any investment. Before placing any trade you should consult with a licensed broker or registered investment advisor as well as read The Characteristics and Risks of Standardized Options. Please remove all stock names and symbols from communications.
HYPOTHETICAL OR SIMULATED PERFORMANCE RESULTS (“PAPER OR VIRTUALTRADING”) IN THE MODEL PORTFOLIOS HAVE CERTAIN INHERENT LIMITATIONS. UNLIKE AN ACTUAL PERFORMANCE RECORD, SIMULATED RESULTS DO NOT REPRESENT ACTUAL TRADING AND MAY NOT BE IMPACTED BY BROKERAGE AND OTHER SLIPPAGE FEES. ALSO, SINCE THE TRADES HAVE NOT ACTUALLY BEEN EXECUTED WITH CAPITAL, THE RESULTS MAY HAVE UNDER-OR OVER-COMPENSATED FOR THE IMPACT, IF ANY, OF CERTAIN MARKET FACTORS, SUCH AS LACK OF LIQUIDITY. SIMULATED TRADING PROGRAMS IN GENERAL ARE ALSO SUBJECT TO THE FACT THAT THEY ARE DESIGNED WITH THE BENEFIT OF HINDSIGHT. NO REPRESENTATION IS BEING MADE THAT ANY ACCOUNT WILL OR IS LIKELY TO ACHIEVE PROFITS OR LOSSES SIMILAR TO THOSE SHOWN.
CFTC RULE 4.41 HYPOTHETICAL OR SIMULATED PERFORMANCE RESULTS HAVE CERTAIN LIMITATIONS. UNLIKEAN ACTUAL PERFORMANCE RECORD, SIMULATED RESULTS DO NOT REPRESENT ACTUAL TRADING. ALSO, SINCE THE TRADES HAVE NOT BEEN EXECUTED, THE RESULTS MAY HAVE UNDER-OR-OVER COMPENSATED FOR THE IMPACT, IF ANY, OF CERTAIN MARKET FACTORS, SUCH AS LACK OF LIQUIDITY. SIMULATED TRADING PROGRAMS IN GENERAL ARE ALSO SUBJECT TO THE FACT THAT THEY ARE DESIGNED WITH THE BENEFIT OF HINDSIGHT. NO REPRESENTATION IS BEING MADE THAT ANY ACCOUNT WILL OR IS LIKELY TO ACHIEVE PROFIT OR LOSSES SIMILAR TO THOSE SHOWN
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