Notice and Disclaimer
Notice & Disclaimer
The intent of this notice is to clarify your use of the Trader Genius software/ emails and its limits and natural boundaries. By using the Trader Genius software/ emails you are constructively agreeing with the terms and conditions of this notice. If you have questions about this notice you are encouraged to get advice from a lawyer that you trust.
If there is any law in your jurisdiction that would supersede this notice and its contents, then you may not use the Trader Genius software/emails because the notice is voided in part or in whole. It is your responsibility to know the laws in your location.
PLEASE CAREFULLY READ THESE TERMS AND CONDITIONS, INCLUDING OUR PRIVACY POLICY, BEFORE USING THE WEBSITE, THE TRADER GENIUS (TG) BLOG TG-BRANDED SOCIAL MEDIA WEBSITES (IN ADDITION TO ANY TERMS AND CONDITIONS OF SUCH SOCIAL MEDIA WEBSITES), MOBILE APPS OR ANY OF OUR ONLINE SERVICES (collectively, the "Services"). BY ACCESSING OR USING THE SERVICES, YOU ("MEMBER") AGREE TO BE LEGALLY BOUND BY THESE TERMS AND CONDITIONS. IF YOU DISAGREE WITH ANY OF THE FOLLOWING TERMS OR CONDITIONS, PLEASE DO NOT USE THE SERVICES.
Disclaimer
This Trader Genius Software is based on theoretical relationships, probability assumptions, and data that are believed to be accurate and reliable but which cannot be guaranteed. The purpose of this Trader Genius Software is to inform, to educate, and to demonstrate the trading opportunities that constantly arise using the principles and techniques of technical trading. Nothing in this Trader Genius Program is to be construed as investment advice or as a recommendation to buy or sell securities or futures. Please remember that the Trader Genius Program does not make predictions or forecasts! This Trader Genius Program is intended to improve your abilities to calculate, evaluate, and reduce trading risks. If after "paper trading" an imaginary account, you decide to invest (and risk) real money, all trading decisions must and should be your own.
We do not know your personal financial skill level, the risks you can afford to take, nor your ability to consistently follow a set of rules. Trading and Investing naturally include risk for the purpose of gaining an advantage that isn't guaranteed. The Trader Genius software/ emails are designed to present information only. The information presented on this website, software, emails, through Trader Genius Club and Coaching is for educational purposes only and is not intended to be a recommendation for any specific investment. The risk of loss trading securities, futures, and options can be substantial. Individuals must consider all relevant risk factors including their own personal financial situation before trading. Options trading involves risk and is not suitable for all investors. Trader Genius Club encourages all members to learn to trade in a virtual, simulated trading environment first, where no risk may be incurred. Members are solely responsible for any live trades placed in their own personal accounts. Trader Genius Club, it's coaches, members, and affiliates, are in no way responsible for individual loss due to poor trading decisions, poorly executed trades, inaccurate data, delays in data timing, failures in signals (e.g. Genius modes), or any other actions which may lead to loss of funds.
The "Live" version of the Trader Genius software offers the ability to send messages to your brokerage account (Interactive Brokers). The Trader Genius software works on a "best-effort" to communicate with the IB platform but it was never intended to be bulletproof. There are many points where communication with IB can fail or be with errors. For example, the network might be down, or their servers are offline. There could be a glitch in the computer that causes a rare transient error. For all these problems to be resolved, it would take significantly more software and attention as an Institutional customer might have. This software is a retail edition and is presented as such. It must be given your supervision to ensure all the trades are done as you intended when clicking buttons on the screen.
The Trader Genius software sends messages to the IB platform. That's all it does. The only safeguard that the end result is to your liking is by your own attention. In this respect, the Trader Genius software is a convenience and not a substitute for your knowing how to work with IB staff and their software.
TRADER GENIUS PAYMENTS LLC (TGP) OWNS AND OPERATES THE SERVICES. TGP RESERVES THE RIGHT TO CHANGE ANY TERMS OR CONDITIONS WITHOUT NOTICE, EFFECTIVE UPON THEIR POSTING. TGP OR ITS SERVICE PROVIDERS, AFFILIATES AND BUSINESS ASSOCIATES MAY IMPOSE LIMITS ON CERTAIN FEATURES AND SERVICES OR RESTRICT YOUR ACCESS TO PARTS OR ALL OF THE SERVICES WITHOUT NOTICE OR LIABILITY; TGP MAY ALSO TERMINATE YOUR USE OF THE SERVICES AT ANY TIME IN ITS SOLE DISCRETION.
Use of Services; Ownership of Intellectual Property Rights
All text, photographs, images, illustrations, artwork, audio and video clips, design, software, graphic material, trademarks, service marks and trade names, and all intellectual property rights in and to such items (hereinafter "Content") constitute the sole and exclusive property of TGP or its subsidiaries, affiliates, licensors and content providers (e.g. Trader Genius Media, LLC). The Member is granted a personal, non-exclusive, non-assignable and non-transferable license to use the Content for non-commercial and personal, informational use only. The following acts are additionally prohibited without TGP's prior written approval: copying of the Services or the Content or any portion, variations or derivatives thereof; reproduction, modification, creation of derivative works, display, performance, publication, distribution, dissemination, broadcast or circulation of any Content, in whole or in part (including without limitation, the display and distribution of the Content via a third party application or Web site); and disassembling, decompiling, reverse engineering or otherwise modifying the Content.
Trader Genius Media, LLC is the owner of the trademark Trader Genius ®.
Additional Member Conduct Guidelines
TGP requests that the Member not impede or inhibit any other Member from using and enjoying the Services. Therefore, in using the Services, you agree not to: disrupt or interfere with the security of, or otherwise abuse, the Services, system resources, accounts, servers or networks connected to or accessible through the Services or affiliate linked websites/services; upload, post, or otherwise transmit through or on the Services any viruses or other harmful, disruptive or destructive files; use or attempt to use another's account, service or system, or link to another site, without authorization from TGP, or create or use a false identity on the Services; or transmit through or on the Services spam, chain letters, junk mail or other types of unsolicited mass e-mail to people or entities who have not agreed to be part of such mailings.
TGP reserves the right to remove any content that it in its sole discretion believes is infringing, defamatory, illegal or offensive, or otherwise as may be permitted under the Digital Millennium Copyright Act or other applicable law. Further, any unauthorized or prohibited use may additionally subject the offender to civil liability and criminal prosecution under applicable federal and state laws.
PRIVACY POLICY
WHAT INFORMATION TRADER GENIUS COLLECTS FROM YOU WHEN YOU VISIT OUR SITE AND HOW TRADER GENIUS USES THE INFORMATION
In general, we do not gather personally identifiable information when you visit the Trader Genius web site. We only ask for information about you if you choose to purchase services from Trader Genius. We will need only your e-mail address to provide you with the Trader Genius services. We may use this information to let you know about additional products and services if you choose to receive the information. The majority of use for the email address is to facilitate your access to the services.
Personal Information
Contact and Questions: The Service allows you to submit questions, comments, or concerns to us. Trader Genius will ask for your e-mail address and your question. We will use the information to respond to your inquiry and may share it internally to improve our service to you. In addition, we may use the information for various business purposes, including, but not limited to, sharing consumer testimonials about the Service. If there is a public use (like testimonials) we will ask for consent in advance. However, your personal information will never be sold to third parties. In addition, when we do use your information, we will not disclose personally identifiable information and will only use demographic information including your geographic location and perhaps your first name.
Surveys, Sweepstakes, Contests, or Drawings:
Trader Genius at times may offer you a chance to participate in a survey, sweepstakes, contest, or drawing. In order to do so, you may be required to disclose personally identifiable information. You also may be asked to share information about your experience with the Trader Genius services. This information may be used in the following ways: (1) to notify you that you have won the sweepstakes, contest, or drawing; (2) to conduct market research studies and reports; (3) to give to companies that co-sponsor the sweepstakes, contest, or drawing with Trader Genius; or (4) to send you information about the products/services. The information received in this way may be shared with parties conducting research studies. However, you will not be contacted unless you choose to "opt in", as discussed in greater detail below.
Non-Personal Information:
An Internet Protocol ("IP") address is a number that is automatically assigned to your computer whenever you are surfing the Web. Web servers automatically identify your computer by its IP address. When visitors request pages from the Trader Genius web site, our servers log the guests' IP addresses. We do not normally link IP addresses to anything personally identifiable, which means that a visitor's session will be logged, but the visitor remains anonymous to us. Trader Genius collects IP addresses for the purposes of system administration and to audit the use of the site. Trader Genius collects the date and IP address when you agree to our Notice and Disclaimer. We also use IP addresses to collect statistical information marketing and promotional purposes.
WHO ELSE IS COLLECTING YOUR INFORMATION AND WITH WHOM THEY CAN SHARE IT
Our Use of Information:
Trader Genius is committed to keeping your personal information confidential. We will not sell, trade, or rent your personal information to third parties. See the table below.
Other Information Collectors:
This Privacy Policy only addresses the use and disclosure of information we collect from you. To the extent that you disclose your information to other parties, such as outside links to other sites, different rules may apply to their use or disclosure of the personal information you disclose to them. Since Trader Genius does not control the privacy policies of third parties, you are subject to the privacy customs and policies of that third party. We encourage you to ask questions before you disclose your personal information to others.
OPT-IN
You will not receive any commercial e-mail from us or our partners unless you opt-in to receive such e-mail. If you opt-in and decide you would like to be removed from our e-mail list you may opt-out of receiving future commercial e-mails by clicking on the opt-out link.
WHAT COOKIES ARE AND HOW TRADER GENIUS USES THEM
What Are Cookies?
Cookies are small text files or pieces of information that a web site transfers to an individual's hard drive. The cookie assigns you an ID, which allows Trader Genius to recognize you when you return to the site. By showing how and when guests use the site, cookies help us see which areas are popular and which are not. Many improvements and updates to the site are based on data such as the total number of visitors and pages viewed.
How Can I Disable Cookies?
Most browsers are initially set up to accept cookies. You can reset your browser to refuse all cookies or indicate when a cookie is being sent. However, some parts of the site will not function properly or may be considerably slower if you refuse cookies. For example, without cookies, you will not be able to take full advantage of Trader Genius's services, or you may have difficulty filling-out surveys.
Third Party Cookies:
You may occasionally get cookies from other parties when you visit the Trader Genius web site. We do not control these cookies. The use of cookies sent by third-party servers is standard in the Internet industry.
WHAT KIND OF SECURITY IS IN PLACE TO PROTECT YOUR PERSONAL INFORMATION
Unfortunately, no data transmission over the Internet can be guaranteed to be 100% secure. As a result, while we strive to protect your personal information, Trader Genius cannot ensure or warrant the security of any information you transmit to us or any information provided by our web site. Trader Genius will not be liable for disclosures of your personal information due to errors in transmission or unauthorized acts of third parties. However, once we receive your transmission, we do our best to ensure its security on our systems by making reasonable efforts to protect the information.
Site Security:
Trader Genius uses a technology called Secure Sockets Layer (SSL), which is the industry standard for secure commerce transactions. SSL encrypts all of your personal information, including your name and PayPal numbers, so that the information cannot be read as it travels over the Internet. All online transactions involving money or personal information use SSL and are secure. Our windows software uses Private/Public keys which means your password is NEVER transmitted over the internet but instead used to decrypt your access to data.
TRANSFER OF USER INFORMATION
Our plans are to stay private forever. In the event that Trader Genius or substantially all of its assets are acquired, the web site and all information collected by the web site may be transferred to the acquiring party. In any such transfer, however, such information will remain subject to any terms and conditions applicable to the web site at the time the information was collected, including the terms of this Privacy Policy.
Changes to the Privacy Policy
If there are updates to the terms of TGP's online Privacy Policy, TGP will post those changes and update the revision date on this document, so Members will always know what information we collect online, how we use it, and what choices you have. For material changes to this Privacy Policy, TGP will provide notification to the Members of the Services. TGP will not apply changes to how personally identifiable information is used or disclosed to information already collected absent consent, except as permitted by applicable law.