Trader Development Course Terms of Agreement
Trader Development Course Terms of Agreement TrifFX, LLC (hereinafter "TrifFX") and Subscriber (including, but not limited to, "you" and "your") hereby enter into this Trader Development Course Agreement (hereinafter "Agreement"), hereby agree to the following:
1. Definitions. As used in this Agreement the following terms shall be defined as follows:
a. "Student" any individual or entity who purchases goods or services from TrifFX.
b. "Contributor" includes any individual or entity so designated by TrifFX to provide the information contained in the Trade Alerts
c. "Forex" a/k/a Foreign Exchange, oftentimes referred to as The Currency Market. "Forex Options" a/k/a Currency Options where options are a financial derivative of the currency market (similar to options on traditional securities).
d. "Service(s)" is defined as the services offered under this agreement, please reference Section 2 of this Agreement.
e. "Trade Alert" shall refer to the action of TrifFX electronically sending or making available to Student information that a potential trade is available.
f. "Trader Development Course" shall refer to the services and instruction outlined in this agreement under Section 2.
g. "Tuition" includes monies paid to TrifFX for the Services and instruction provided under this Agreement. The Tuition Fees may change from time to time subject to the provisions of this Agreement.
h. "Watchlist Webinar" is the medium where TrifFX may make available to the Subscriber a Trade Alert
2. Services.
a. In exchange for you agreeing to pay Tuition Fees on time and in full prior to training, TrifFX will: provide training and instruction taught by Triffany Hammond and helpful tools and techniques to use in Forex trading and in learning to become a trader.
b. Triffany Hammond will work with you in small groups for 10 weeks and the group course curriculum will focus on:
i. Forex basics
ii. Backtesting
iii. Knowing yourself as a trader
c. The group will then move onto: i. using that information toward building a system that is custom fit to you, your risk tolerance, and your goals.
ii. building a relationship with other traders for support, brainstorming and accountability.
d. The Main goals of the training are:
i. To help you identify and accept your own personal, psychological obstacles in trading.
ii. To help you grow yourself into a disciplined trader.
iii. To help you re-identify yourself as a trader.
iv. To give you the tools necessary for growth, both personally and professionally.
v. To give you the opportunity to build relationships with other traders.
vi. To give you a new starting point in trading.
e. Additionally, students will receive:
i. A 4 months subscription to the Trade Alert service included with payment of tuition for the Trader Development Course. Students must accept the Trade Alert and Subscription Agreement prior to receiving their free 4 month subscription.
ii. The entire course archived and accessible for your review for 1 year after you've finished.
iii. TrifFX Trader Basics Reference Guide iv. 10% Discount on 1-on-1 sessions v. Weekly Webinar and/or Newsletter with watchlist
vi. Personal development tools and materials.
3. Accepting the Provisions and Terms of this Agreement.
In order to use the Services, you must first agree to the provisions and terms contained herein. You may not use the Services if you do not accept the terms and provisions herein.
a. you can accept the terms and provisions of this Agreement by:
i. clicking to "accept" or "agree" to this Agreement, where this option is made available to you by TrifFX in the user interface for any Service, or
ii. by actually using the Services. In this case, you understand and agree that TrifFX will treat your use of the Services as acceptance of the terms and provisions of this Agreement from that point onwards.
b. You may not use the Services and may not accept the provisions and terms of this Agreement if (a) you are not of legal age to form a binding contract with TrifFX, or (b) your are a person barred from receiving the Services under the laws of the United States or other countries including the country in which you are resident or from which you use the Services.
c. Before you continue, you should print off, or save, a local copy of this Agreement for your records.
d. Remember, by clicking "accept" or "agree" to this Agreement, or otherwise indicating your acceptance of this agreement you are binding yourself to the terms and prvisions contained herein. You, the student, acknowledge that you have carefully read this agreement in its entirety, have had the opportunity to seek the advice of counsel and ask questions about htis Agreement. You represent that all such questions have been fully answered, and you further acknowledge tha tyou know and understand the contents of the Agreement and have accepted it voluntarily.
4. Payment
a. Subscribers agree to pay the tuition on time and in full before they receive services.
b. Notice of cancellation of services is required to be done in writing.
c. No refund will be given for cancellation notices received more than seven (7) business days after the commencement of classes.
5. Provisions of the Services by TrifFX
a. TrifFX is constantly innovating in order to provide the best possible course training for students. You acknowledge and agree that the form and nature of the training with TrifFX provides may change from time to time without prior notice to you.
b. This course is being taught by an instructor, Triffany Hammond, who has learned through her own experience and through the experience of other students of Forex; although the instructor may discuss psychological issues of trading she is not a licensed psychological practitioner and she does not purport to give any professional mental health or psychological advice.
c. The tools presented in class are designed to be a possible benefit to everyone who participates, but as each student i different there can be no guarantees as to any one student's success.
6. Risk Disclosure and Limitation of Liability. By becoming a student you agree to and acknowledge the following:
a. The risk of loss in trading Forex can be substantial. Forex trading is for sophisticated investors who recognize the substantial risk involved in trading Forex and are comfortable thereto. Students must consdier all relevant risk factors as are standard for this level of investment, including their own personal financial situation and ability to handle risk before trading. Again, Forex includes risk that is not suitable for all investors. Trading foreign exchange on margin carries a high level of risk as well as its own unique risk factors. Students should read and understand the risk disclosure at http://www.nfa.futures.org/NFA-investor-information/investor-alerts/forex-investor-alert-february2007.html before considering the trading of this product and/or subscribing to the Trade Alerts pursuant to this agreement.
b. The views and opinions of TrifFX's contributors do not necessarily reflect those of TrifFX. Neither TrifFX or its heirs, legal representatives, assigns, owners, operators, partners, parent entities, shareholders, officers, employees make any warranty, express or implied, with regards to the Trade Alerts as described herein. Additionally, neither TrifFX or its heirs, legal representatives, assigns, owners, operators, partners, parent entities, shareholders, officers, or employees assume any legal liability or responsibility for the accuracy, completeness, or usefulness of any information, apparatus, product or process disclosed by such Trade Alerts; nor do they represent that its use would not infringe on privately owned rights.
c. Students understand that the trade ideas presented through TrifFX are merely suggestion of possible trading opportunities. These suggestions are, in now way, a guarantee of success or profit if the ideas are acted upon by Students in any live account. Everyone who does take action on the trade ideas, in accepting this agreement, may trade each idea according to their own risk tolerance, money management and psychological makeup therefore there can be no guarantee as to a Student's success or profitability with this trade alert service.
d. SUBJECT TO OVERALL PROVISION IN THIS AGREEMENT, YOU EXPRESSLY UNDERSTAND AND AGREE THAT TRIFFX. ITS SUBSIDIARIES AND AFFILIATES AND ITS CONTRIBUTORS SHALL NOT BE LIABLE TO YOU FOR: i. ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER AND THEORY OF LIABILITY, THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERRED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS. ii. ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING, BUT NOT LIMITED TO, LOSS OR DAMAGE AS A RESULT OF:
1. ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISERING APPEARS ON THE SERVICES.
2. ANY CHANGES WHICH TRIFFX MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES);
3. THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNIATIOS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES,
4. YOUR FAILURE TO PROVIDE TRIFFX WITH ACCURATE ACCOUNT INFORMATION
5. YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL.
e. THE LIMITATIONS ON TRIFFX'S LIABILITY TO YOU IN THIS AGREEMENT SHALL APPLY WHETHER OR NOT TRIFFX HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
7. Intellectual Property and Proprietary Rights
a. Subscribers are being allowed to view and participate in the intellectual property of TrifFX and may not share the information for the Trader Development Course with parties who have not bought the right to share in that information.
b. All content included in any Trade Alert, such as text, graphics, logos, button icons, images, audio clips and softare, is the exclusive property of TrifFX and protected by U.S. and international copyright laws. Any software used on ths site is the property of TrifFX or its software suppliers and protected by U.S. and international copyright laws. The content and software on this site may be used as a resource only. Any other use, including the reproduction, modification, distribution, transmission, republication, display or performance of the content on this site is strictly prohibited.
c. You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Services.
8. Non-Disclosure Agreement
a. Recognizing that the information contained herein is meant for the Student only. Student hereby agrees to keep any Trader Development Course materials or information provided under this agreement confidential and not disclose any such Trader Development Course materials or information to a third party. This includes, but is not limited to, any and all documentation (including text) ideas, intellectual property/proprietary rights, or any other information obtained via this Agreement. Failure to comply will result in immediate termination of the contract by TrifFX and no monie refunded regardless of time left on the contract in addition to other criminal and civil penalties.
9. Cancellation Policy
a. The terms and provisions of this agreement will continue to apply until terminated by either you or TrifFX as set out below.
b. If within the first 7 business days following commencement of the class, the Student decides that s/he does not wish to partake in the class, s/he may be issued a partial refund that is calculated as follows: Tuition - 1 month subscription fees - cost of the Reference Guide - processing fees of $75 = refund. The processing fees are to account for any time spent in getting your classes setup, preparation for work with you as an individual, disbursment of materials and the reversal of these efforts.
c. Written notice of Student's election to cancel must be received a minimum of 7 business days after the commencement of class.
d. Cancellation of the class will result in immediate termination of the 4 month free subscription to Trade Alerts.
e. TrifFX may, at any time, terminate this Agreement with you if:
i. You have breached any provision of this Agreement (such as failure to make payment or have acted in a manner which clearly shows that you do not intend to, or are unable to comply with the provisions of this Agreement); or
ii. TrifFX is required to do so by law (for example, where the provisions of the Service to you is, or becomes, unlawful); or
iii. The continuation of the Services to you by TrifFX, in TrifFX's opinion, is no longer commercially viable.
10. EXCLUSION OF WARRANTIES:
NOTHING IN THIS AGREEMENT, INCLUDING SECTIONS, SHALL EXCLUDE OR LIMIT TRIFFX'S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMIATIONS WHICH ARE LAWFUL, IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WLL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
a. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE."
b. IN PARTICULAR, TRIFFX, ITS SUBSIDIARIES AND AFFILIATES AND ITS CONTRIBUTORS DO NOT REPRESENT OR WARRANT TO YOU THAT:
i. YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS,
ii. YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED TIMELY, SECURE OR FREE FROM ERROR. iii. ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, AND iv. THOSE DEFECTS IN THE OPERATION OR FUNCATIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED.
c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRESTION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBILE FOR ANY DAMAGE TO YOUR COMPTUER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL.
d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TRIFFX OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OR PROVISIONS OF THIS AGREEMENT.
e. TRIFFX FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND CONDITIONS OF MECHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
11. Other Content
a. The Services may include hyperlinks to other websites or content or resources TrifFX may have no control over any websites or resources which are provided b companies or persons other than TrifFX.
b. You acknowledge and agree that TrifFX is not responsible for the availability of any such external sites(s) or resource(s) and does not endorse any advertising products or other materials on or available from such website(s) or resource(s). c. You acknowledge and agree that TrifFX is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available, from such web site(s) or resource(s).
12. Other Terms
a. TrifFX cannot guarantee that Subscriber's individual user inter-face will be compatible with its software (e.g. Watchlist Webinar). It is therefore, the user's responsibility to ensure compatibility.
b. Sometimes when you use the Services, you may (as a result of, or through your use of the Services) use a service or download a piece of software, or purchase goods, which are provided by another person or company. Your use of these other services, software or goods may be subject to separate terms between you and the company or person concerned. If so, this Agreement does not affect your legal relationship with these other companies or individuals.
c. This Agreement and the provisions herein constitute the whole legal agreement between you and TrifFX and govern your use of the Services (but excluding any services which TrifFX may provide to you under a separate written agreement), and completely replace any prior agreement between you and TrifFX in relation to the Services.
d. You agree that TrifFX may provide you with notices, including those regarding changes to this Greement, by email, regular mail, or postings on the Services.
e. You agree that if TrifFX does not exercise or enforce any legal right or remedy which is contained in this Agreement (or which TrifFX has the benefit of under and applicable law) this will not be taken to be formal waiver of TrifFX's rights andthat those rights or remedies will still be available to TrifFX.
f. If any court of law, having the jurisdiction to decide on this matter, rules that any provision of this Greemetn is invalid, then that provision will be removed from this Agreement without affecting the rest of this Agreement. The remaining provisions of this Agreement will continue to be valid and enforceable.
g. You acknowledge and agree that each member of the group of companies of which TrifFX is the parent shall be third party beneficiaries to this Agreement and that such other companies shallb e entittled to directly enforce, and rely upon, any provision of this Greement which confers a benefit on (or rights in favor of) them. Other than this, no other person or company shall be third party beneficiaries to this Agreement.
h. This Agreement and your relationshihp with TrifFX under this Agreement, shall be governed by the laws of the State of Colorado without regard to its conflict of laws and provisions. You and TrifFX agree to submit to the exclusive jurisdiction of the courts located within the county of Arapahoe, Colorado, to resolve any legal matter arising from this Agreement. Notwithstanding this, you agree that TrifFx shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legel relief) in any jurisdiction.
Agreement to terms and Purchasing: