Terms Of Service
Policies and Procedures
Last Updated : January 28, 2022
Hours of Operation
- TopTradeTools, LLC corporate office is open Monday – Friday 9:00 a.m. – 5:00 p.m. EST
- We close for all government observed holidays
This policies and procedures applies to the following TopTradingTools Product
TopTradeTools – www.TopTradeTools.com
TopTradeTools publishes information that is educational in nature and designed to contribute to your overall understanding of various types of technical analysis and how we apply this information to the financial markets. We are in no way recommending the purchase, sale or short sale of any securities, options, futures or other financial instruments. Trading of stocks, options, futures, and currency markets 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. Our trades are viewable during the broadcast and profits and losses are seen during and after executions. However, we are in no way representing that similar results will be achieved by following our strategies and picks.
We at TopTradeTools are not Financial Advisors or Registered Analysts. We do not offer our various model portfolios as trading recommendations for you to copy. These models represent our own accounts and/or opinions and are intended to teach our style of short-term trading. For example, if the stock index futures happen to be selling off day after day, members can review our live trading room to see what we are thinking or doing, and how we are handling that type of situation. It is up to you to make your own decisions as what you want to do with your own portfolio.
We do not claim to have a special insight into the markets that prevent us from making mistakes. We do make mistakes. However, we believe our successes more than make up for our mistakes, and will continue to offer our education until proven otherwise. Observe our mistakes and utilize these lessons in your own trading programs.
Trading of stocks, options, futures, or currencies may not be suitable for everyone. Equities, Futures, Options, and Currency trading and investing have large potential for rewards, but also large potential risk. You must be aware of the risks and be willing to accept them in order to invest in the Equities, Futures, Options, and Currency markets. Absolutely do not trade with money you cannot afford to lose. Though there are large potential rewards, short-term trading is very risky, especially when your accounts are fully margined. There is certainly a chance in which you can lose all of your money. If you are trading futures, there is a chance that your account can go negative, and that you will end up owing money to your broker. In addition, prior to buying or selling a stock, option, currency, or futures contract, an investor will need a broker, and they must meet suitability requirements in order to trade these specific instruments.
*Options positions may have more than one leg for instance with spreads, condors or rolled over positions to a new month. The past performance of any trading system or methodology is not necessarily indicative of future results. You should carefully consider whether trading is suitable for you in light of your circumstances, knowledge and financial resources. Absolutely consult your Registered Financial Advisor and your Risk Trading Plan before ever investing or trading any financial instrument!
Options involve risk and are not suitable for all investors. Prior to buying or selling an option, investors must read a copy of the Characteristics & Risks of Standardized Options, also known as the options disclosure document (ODD). Go tohttp://www.optionsclearing.com/about/publications/character-risks.jsp It explains the characteristics and risks of exchange traded options. Copies of the ODD are available from your broker, from any exchange on which options are traded, by placing an order online, or by calling 1-888-OPTIONS (1-888-678-4667), or from The Options Clearing Corporation, One North Wacker Drive, Suite 500, Chicago, Illinois 60606.
By accepting this disclaimer you are acknowledging the risks involved in trading the stock, options, currency, and futures markets and are also acknowledging that you, the subscriber, and not TopTradeTools, are solely responsible for any losses, financial or otherwise, as a result of using this service. TopTradeTools shall under no circumstances be liable for any lost profits, lost opportunities, misstatements, or errors contained within these pages. You also agree that TopTradeTools 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 TopTradeTools harmless for any act resulting directly or indirectly from this site, its data, content, materials, associated pages and documents.
Employees of TopTradeTools likely have, or likely will have trades in the educational ideas posted in the trading room. No representation is being made that any account will or is likely to achieve profits or losses similar to those shown. Finally, past performance is in no way indicative of future results.
If you find yourself interested in our trading styles, remember that it is important to diversify your investments and not throw all of your money into one basket or technique. If you do copy our buys and sells, you are doing so at your own risk. We’re not recommending that anyone copy us, and believe that all investors should make their own decisions. We are here to teach by example, through our successes and mistakes.
You agree to defend, indemnify and hold us and our affiliates harmless from any and all claims, liabilities, costs and expenses arising in any way from your use of any services provided by TopTradeTools
All Seminar and Software sales are final. There is no refund issued if you cannot attend a seminar. All video sales are final with no refund.
Subscriptions, Cancellations, Refunds, and Licensing:
Purchase agreement/End User License Agreement: Purchaser of any TopTradeTools, DVD, CD ROM, software, book, or other product hereby agrees that they are the End User and may not rent, resell, lease nor otherwise resell neither the content nor the video they have purchased in any manner, by any venue. All sales are final for all products. Copyable media, including DVDs, CD-ROMs and other media may not be returned for a refund, but we will replace any defective media at no cost to the purchaser (contact us at email@example.com for an RMA number). Purchaser may not resale this or any www.toptradetools.com product via eBay, any other online auction site, nor any online classified forum nor any other resale venue of any kind.
While Mark and the team strive to provide services every trading day. The reality is that there will be days that we may not be able to provide service. This could be due to internet problems, weather or other acts of nature, holidays, medical and health reasons or travel that precludes us from being able to provide our very highly sought after service.
Subscriptions may be canceled at any time by either party. These cancellations must be sent via email to firstname.lastname@example.org. When termination is requested by a subscriber, subscription fees are not refunded. Rather, the current subscription will run its course to the end of the current billing cycle, at which point the subscription would then become inactive and the account canceled. Cancellation of service is not official until subscriber receives an email confirmation from TopTradeTools, and if your request is not answered in 3 business days, you will need to call us and confirm cancellation.
The individual subscriptions that you have with us makes up the whole of your membership. Nonpayment for any individual product or service that we offer can and will result in suspension or termination of your membership to all of our products and services until the open balances are resolved.
Suspension of Product Offering and Acceleration. If any amount owing under this Agreement or any other agreement for TopTradeTools.com services is five or more days past due, TopTradeTools.com may, without limiting TopTradeTools.com other rights and remedies, accelerate Customer’s unpaid fee obligations under this Agreement and the other agreements so that all such obligations become immediately due and payable, and suspend TopTradeTools.com services to Customer until such amounts are paid in full.
We invite our subscribers to enjoy all the features this site has to offer. But we must require that each subscriber abide by certain rules so that no one’s rights are stepped on. Failure to abide by these rules can result in immediate termination of access to TopTradeTools.com, without refund or recourse.
- Do not share your logon passwords and user names. Our system is designed to detect this immediately, and suspend any account where more than one person signs on using the same username and password.
Do not reprint, republish, repost, or otherwise distribute or transmit content or images presented on this site. Downloading is easy, but just because you may be able to copy our content doesn’t mean you own it. Unauthorized use of or copying of our content, trademarks, and other proprietary material can subject you to civil or even criminal liability. Please don’t violate our copyright.
3. No advertising, trading of goods or services, or other commercial use is allowed in our forum and or trading rooms. No bulk e-mail, junk mail or spam, chain letters, private messages or repeat postings of the same message is permitted anywhere on the forum and or live trading rooms.
4. Please use your own name when posting to any of our upcoming discussion forums and trading room. Do not impersonate anyone else.
5. Treat other subscribers with courtesy and respect when posting messages to the upcoming discussion groups. No unnecessary name calling or abuse toward any subscriber is allowed.
6. Please avoid shouting (using all capital letters) in the upcoming discussion forum and trading room.
7. Do not use vulgarity, obscenity, profanity, ethnic slurs, hate speech, or sexually explicit language, or harass, abuse, or threaten other subscribers in the upcoming discussion forums and trading room. Do not libel, defame or disparage others or otherwise misrepresent interactions with others. TopTradeTools.com strongly disapproves flaming.
8. When you post content in the TopTradeTools.com forum and trading room, you permit TopTradeTools.com to display and distribute the content, and to use it for advertising and promotion. You grant to TopTradeTools.com the complete, perpetual, but non-exclusive right to use, reproduce, modify, adapt, translate, distribute, sub-license, etc. the content in whole or in part, throughout the world and universe, on a royalty-free basis.
We do not try to edit or to monitor messages posted on the TopTradeTools.com forum and trading rooms, but TopTradeTools.com has the right to edit or remove objectionable postings. The person posting a message is solely responsible for it, not TopTradeTools.com. Violators may be permanently banned from using the forum and trading rooms, or even have their subscriptions terminated.
Copyright and Trademark Law:
All editorial content and graphics on this site are protected by U.S. copyright and international treaties and may not be copied or re-used without the express written permission of TopTradeTools.com, which reserves all rights.
Limitation of Liability:
TOPTRADETOOLS.COM PROVIDES THE INFORMATION, SERVICES AND PRODUCTS ON THIS WEBSITE “AS IS” WITHOUT WARRANTIES OF ANY KIND. YOU ALSO AGREE THAT TOPTRADETOOLS.COM SHALL NOT BE RESPONSIBLE FOR ANY CONTENT FOUND ON THE TOPTRADETOOLS.COM FORUMs AND TRADING ROOM AND THAT YOUR USE OF THE TOPTRADETOOLS.COM FORUMs AND TRADING ROOM AND ANY DOWNLOADING OF MATERIALS FOUND ON OR THROUGHOUT THE TOPTRADETOOLS.COM FORUMs AND TRADING ROOM IS DONE AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER OR DATA THAT RESULTS.
ALL EXPRESS WARRANTIES AND ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE HEREBY DISCLAIMED TO THE FULL EXTENT PERMITTED BY LAW. TOPTRADETOOLS.COM DOES NOT WARRANT THAT THE USE OF PERFORMANCE OF THIS WEBSITE WILL BE TIMELY, UNINTERRUPTED OR FREE OF ERROR, OR THAT THIS WEBSITE OR ITS SERVER WILL BE FREE OF VIRUSES. IN NO EVENT SHALL TOPTRADETOOLS.COM, ITS OFFICERS, DIRECTORS, AGENTS AND EMPLOYEES BE LIABLE FOR ANY LOSS OR INJURY, DIRECT OR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES, OR ANY DAMAGES WHATSOEVER ARISING FROM THE USE OR PERFORMANCE OF THIS WEBSITE OR FROM ANY INFORMATION, SERVICES OR PRODUCTS PROVIDED THROUGH THIS WEBSITE, EVEN IF TOPTRADETOOLS.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT THAT APPLICABLE LAW PREVENTS THE EXCLUSION OF LIABILITY FOR CERTAIN WARRANTIES, SUCH EXCLUSION DOES NOT APPLY TO YOU TO THE EXTENT LIMITED BY LAW.
If you have questions or comments regarding TopTradingTools, LLC products, please email us at: supportATTopTradingToolsDOTcom (Please replace “AT” with @ and “DOT” with .) or call 859-963-3445
SMS TERMS & CONDITIONS
User Opt In: The Program allows Users to receive SMS mobile messages by affirmatively opting into the Program, such as through online or application-based enrollment forms. Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the Program. By participating in the Program, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from Us. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). Message and data rates may apply.
User Opt Out: If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Us in order to opt out of the Program. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.
Duty to Notify and Indemnify: If at any time you intend to stop using the mobile telephone number that has been used to subscribe to the Program, including canceling your service plan or selling or transferring the phone number to another party, you agree that you will complete the User Opt Out process set forth above prior to ending your use of the mobile telephone number. You understand and agree that your agreement to do so is a material part of these terms and conditions. You further agree that, if you discontinue the use of your mobile telephone number without notifying Us of such change, you agree that you will be responsible for all costs (including attorneys’ fees) and liabilities incurred by Us, or any party that assists in the delivery of the mobile messages, as a result of claims brought by individual(s) who are later assigned that mobile telephone number. This duty and agreement shall survive any cancellation or termination of your agreement to participate in any of our Programs.
YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND, AND HOLD US HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO NOTIFY US OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED, INCLUDING ANY CLAIM OR LIABILITY UNDER THE TELEPHONE CONSUMER PROTECTION ACT, 47 U.S.C. § 227, et seq., OR SIMILAR STATE AND FEDERAL LAWS, AND ANY REGULATIONS PROMULGATED THEREUNDER RESULTING FROM US ATTEMPTING TO CONTACT YOU AT THE MOBILE TELEPHONE NUMBER YOU PROVIDED.
Program Description: Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing of financial education workshops including alerts and reminders, trade alerts, and product purchases.
Cost and Frequency: Message and data rates may apply. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us.
Our Disclaimer of Warranty: The Program is offered on an “as-is” basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control.
Participant Requirements: You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.
Age Restriction: You may not use of engage with the Platform if you are under thirteen (13) years of age. If you use or engage with the Platform and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the Platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18) and have your parent’s or legal guardian’s permission to use or engage with the Platform, or are of adult age in your jurisdiction. By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform.
Prohibited Content: You acknowledge and agree to not send any prohibited content over the Platform. Prohibited content includes:
- Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity;
- Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age;
- Pirated computer programs, viruses, worms, Trojan horses, or other harmful code;
- Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received;
- Any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITEC” Act); and
- Any other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent.
Dispute Resolution: In the event that there is a dispute, claim, or controversy between you and Us, or between you and any other third-party service provider acting on Our behalf to transmit the mobile messages within the scope of the Program, arising out of or relating to federal or state statutory claims, common law claims, this Agreement, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration in Versailles County, Kentucky, United States before one arbitrator.
The parties agree to submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect. Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the Federal Judicial Circuit in which Top Trade Tools, LLC’s principle place of business is located, without regard to its conflict of laws rules. Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator with at least five years’ experience in that capacity and who has knowledge of and experience with the subject matter of the dispute. If the parties do not agree on an arbitrator within ten (10) calendar days, a party may petition the AAA to appoint an arbitrator, who must satisfy the same experience requirement. In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act (“FAA”). The parties also agree that the AAA’s rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court. The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in section 10 of the FAA. Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision. The parties agree that the arbitrator shall have the authority to award attorneys’ fees only to the extent expressly authorized by statute or contract. The arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration. The parties agree to arbitrate solely on an individual basis, and this agreement does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. This arbitration provision shall survive any cancellation or termination of your agreement to participate in any of our Programs.
Miscellaneous: You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Agreement from time to time. Any updates to this Agreement shall be communicated to you. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept this Agreement, as modified.