PLEASE READ THESE TERMS OF SERVICE CAREFULLY, THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS INCLUDING MANDATORY ARBITRATION, NO CLASS RELIEF, AND WAIVER OF YOUR RIGHT TO A JURY TRIAL. BY USING THE SITE OR ANY SERVICES YOU AGREE TO THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, PLEASE DO NOT USE THE SITE OR THE SERVICES.
TABLE OF CONTENTS
1. Acceptance of Terms of Service
The Pattern Trader, LLC may modify these Terms of Service prospectively from time to time in its sole discretion. Your continued use or accessing of the services following the posting of any changes to the Terms of Service constitutes your acceptance of such changes. You agree to be notified of changes to the Terms of Service via posting of updates on the Site.
This is a general audience Site for adults. We will assume (and by using this Site you warrant that) you have legal capacity to enter into the agreement set out in these Terms of Service (i.e., that you are of sufficient age and mental capacity and are otherwise entitled to be legally bound in contract).
To access this Site or some of the resources it has to offer, you may be asked to provide registration details. It is a condition of use of these services that all the details you provide be correct, current, and complete. If we at The Pattern Trader, LLC believe the details are not correct, current, or complete, we have the right to refuse you access to the services, or any of its resources, and to terminate or suspend your account. Please note that these Terms may be revised and reissued, prospectively by posting updated terms on this Site. You consent and agree to receive notices of updates of these Terms through our posting of updated Terms on the Site. You should visit this page regularly to review the current terms. Your continued use of the Site will be deemed as irrevocable acceptance of any revisions.
EACH TIME YOU SIGN IN TO OR OTHERWISE USE THE SERVICES YOU ARE ENTERING INTO A NEW AGREEMENT WITH US ON THE THEN APPLICABLE TERMS AND CONDITIONS AND YOU AGREE THAT WE MAY NOTIFY YOU OF OTHER TERMS BY POSTING THEM ON THE SITE OR SERVICES (OR IN ANY OTHER REASONABLE MANNER OF NOTICE WHICH WE ELECT), AND THAT YOUR USE OF THE SERVICE AFTER SUCH NOTICE CONSTITUTES YOUR GOING FORWARD AGREEMENT TO THE OTHER TERMS FOR YOUR NEW USE AND TRANSACTIONS. Therefore, you should review the posted Terms of Service and any applicable Additional Terms each time you use the services (at least prior to each transaction or submission). The Additional Terms will be effective as to new use and transactions as of the time that we post them, or such later date as may be specified in them or in other notice to you. However, the Terms of Service (and any applicable Additional Terms) that applied when you previously used the services will continue to apply to such prior use (i.e., changes and additions are prospective only) except as mutually agreed. In the event any notice to you of new, revised or Additional Terms is determined by a tribunal to be insufficient, the prior agreement shall continue until sufficient notice to establish a new agreement occurs. You should frequently check the home page, your message account (if applicable) and the e-mail you associated with your account for notices, all of which you agree are reasonable means of providing you notice. You can reject any new, revised or additional Terms of Service by discontinuing use of the Site and related services.
2. Permitted Uses
The services contain material that is derived in whole or in part from material supplied and owned by The Pattern Trader, LLC as well as third parties (“Content”). As between The Pattern Trader, LLC and you, The Pattern Trader, LLC owns all right, title and interest in and to the copyrights, trademarks, service marks, trade names, and all other intellectual and proprietary rights throughout the world associated with the services and Content. You acknowledge The Pattern Trader, LLC’s valid intellectual and proprietary property rights in the services and Content and that your use of the services is limited to the access, viewing and downloading of Content, all solely as authorized by The Pattern Trader, LLC. Nothing in these Terms of Service shall be deemed to convey to you any right, title or interest in or to the services or Content or to any portion thereof except for the limited rights expressly granted herein.
You may use the services solely for personal and non-commercial uses. You may not either directly or through the use of any personal computer, browser, laptop, tablet, mobile phone or other device (each a “device”) or other means remove, alter, bypass, avoid, interfere with, or circumvent (i) any copyright, trademark, or other proprietary notices marked on the services or Content, (ii) any digital rights management mechanism, device, or other content protection or access control measure associated with the services or Content, or (iii) any advertisement on the services and/or within Content. You may not either directly or through the use of any device or other means copy, download, stream, reproduce, duplicate, archive, distribute, upload, publish, modify, translate, broadcast, perform, display, sell, transmit or retransmit the services or Content unless expressly permitted by The Pattern Trader, LLC in writing. You may not incorporate Content into, or stream or retransmit the Content via, any hardware or software application or make the services or any Content available via frames or in-line links, and you may not otherwise surround or obfuscate the Content or services with any third-party content, materials or branding. You may also not use any software robots, spider, crawlers, or other data gathering or extraction tools, whether automated or manual, to access, acquire, copy, monitor, scrape or aggregate Content or any portion of the services. See Section 20 for terms applicable to use of links to the services. You may not knowingly or intentionally take any action that may impose an unreasonable burden or load on the services or its servers and infrastructures. You may not build a business, in whole or in part, resell, redistribute or recirculate or make any other commercial use of, or create derivative works or materials utilizing any portion of the services or Content, whether or not for profit.
To the extent that The Pattern Trader, LLC makes Content available to you via a widget, embedded player or other technology that allows you to embed or stream Content on or to another site, you may not modify, enhance, remove, interfere with, or otherwise alter in any way any portion of such technology, any digital rights management mechanism, device, or other content protection or access control measure associated with Content, or any advertisement delivered with Content.
You are also prohibited from disabling, modifying, interfering with or otherwise circumventing any technology to allow users to view Content without: (i) displaying visibly both Content and all surrounding elements (including the graphical user interface, any advertising, copyright notices, and trademarks); and (ii) having full access to all functionality permitting viewing of Content, including, without limitation, all video quality and display functionality and all interactive, elective or click-through advertising functionality.
3. Access to the Site and Availability of Services
The Pattern Trader, LLC may change, suspend or discontinue any aspect of the Site or services at any time (and any elements and features of them), in whole or in part, for any reason, in our sole discretion, without notice or liability, including pursuant to Section 18 (Termination) below.
You are responsible for any charges incurred in obtaining access to the Site and services. The Site is currently provided for free, although you may be given the opportunity to purchase products or services through the Site from The Pattern Trader, LLC. The Pattern Trader, LLC reserves the right to change the nature of this relationship at any time.
You and we agree that the Convention on Contracts for the International Sale of Goods does not apply to your use of our services or this Terms of Service.
4. Registration, Passwords, Unauthorized Use of Your Account, and Sharing of Social Features
If you establish an account with The Pattern Trader, LLC, you agree to provide true, accurate and current data in connection with that account. Any usernames and passwords used for this Site or services are for individual use only. You are solely responsible for maintaining the security and confidentiality of the password you use to access your account. You agree to immediately notify The Pattern Trader, LLC of any unauthorized use of your password or account or any other breach of security. You understand and agree that the Site and/or services may include a social network and your activities (e.g., video viewing, interactions with members and/or advertisers) may be shared with others both on and off the services. If you don’t want your activities on such social network to be shared, your only option is to deactivate the related social network account.
5. Digital Items, Subscriptions and Credits
Purchases of usage subscriptions (including credits, points, and/or virtual currency) or any virtual items made available on the services are nonrefundable, have no monetary value (i.e., are not a cash account or equivalent), and are purchases of only a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable right to use, even if such came with a durational term (e.g., a monthly subscription).
Accordingly, you have no property, proprietary, intellectual property, ownership, or monetary interest in your usage subscriptions or virtual items, which remain our Content. We may also immediately suspend or terminate the rights we grant you to usage subscriptions and virtual items for any or no reason, in our sole discretion, and without advance notice or liability. We may modify usage subscriptions and virtual items at our sole discretion, and such modifications may make the usage subscriptions or virtual items more or less common, valuable, effective, or functional.
We do not recognize the transfer of usage subscriptions or virtual items (including for “real” money or any other consideration or items of value whether inside or outside of the services). Accordingly, you may not purchase, sell, barter, or trade any usage subscriptions or virtual items, or offer to purchase, sell, or trade any usage subscriptions or virtual items. Any such attempted transfer will be null and void.
If we suspend or terminate any usage subscriptions or virtual items, then you will forfeit the suspended or terminated subscription or items, except as may be set forth in any Additional Terms (such as any refund policies that may apply to a subscription service). Likewise, except as may be set forth in any Additional Terms or as required by applicable law, we are not responsible for repairing or replacing same, or providing you any credit or refund or any other sum, in the event of our modification of any usage subscriptions or virtual item, or for loss or damage due to error, or any other reason.
Your privacy is important to us. To better protect your privacy, we provide a notice explaining our online information practices and the choices you can make about the way your information is collected and used at this Site and the services. Click here to show this notice, which forms part of these Terms of Service.
7. Your Conduct and Acceptable Use
The following rules are a condition of your use of and access to the services. You are responsible for the content of your communications (including User Content as defined in Section X) via the services.
No Interference. You may not interfere with any other user from using or enjoying the services.
No Bullying. You may not use the services to threaten, abuse, harass, or invade the privacy of any third party.
Content Posted by You Must be Yours. You may not upload, post, transmit or otherwise distribute or facilitate the distribution of content that is fraudulent or infringes the rights of any third party, including without limitation, patent, trademark, copyright, right of publicity or other proprietary rights.
Your Materials Must be Lawful and Appropriate. You may not upload, post, or otherwise distribute or facilitate the distribution of any unlawful, threatening, abusive, libelous, defamatory, obscene, pornographic, profane, indecent or otherwise inappropriate information of any kind, including without limitation, any images or other material of a sexual nature.
Don’t Damage Our Site, Services or Servers. You may not upload, post, or otherwise distribute or facilitate the distribution of a software virus or any other computer code that is designed or intended to disrupt, damage, or limit the functioning of the Site, any other services, or to obtain unauthorized access to the services or Content or any data or other information of any third party.
No Unauthorized Access. You may not attempt to gain unauthorized access to other computer systems or networks connected to the services or use the services, Content or any information contained therein for any unlawful purpose. The Pattern Trader, LLC, in its sole and absolute discretion, shall determine whether any content you transmit or receive, or your use of the services violates this provision.
Be Yourself. You may not impersonate or falsely state or otherwise misrepresent your professional or other affiliation The Pattern Trader, LLC or with any other person or entity.
No Criminal or Unlawful Conduct. You may not use the services, Content or any information contained therein for any unlawful purpose, and you may not encourage conduct that would constitute a criminal offense or give rise to civil liability. You may not use any services in connection with any site or other use that contains or is associated with information or content prohibited by this section.
Follow These Terms of Service and Conduct Rules. You may not take any action on the services that violates any applicable law or these Terms of Service.
We may require, at any time, proof that you are following these rules. We reserve the right to take, or refrain from taking, any and all steps available to us, including suspending or terminating your access to the services or seeking other legal or equitable remedies, once we become aware of any violation of these provisions.
9. User Content; Grant of Limited License
Reviews, responses, profile entries, posts or questions may not be able to be deleted once uploaded. For some of our features, other members may be able to request email notifications of your new public content or publish their own comments to your comments. We may use the public content to develop aggregate ratings, personalize site views, market products or identify or feature popular members.
If you post or upload any content to the Services (“User Content”), you hereby acknowledge and agree that you are granting The Pattern Trader, LLC (including without limitation, its licensees, affiliates, successors and assigns) a worldwide, royalty-free, perpetual, irrevocable, sub-licensable, non-exclusive right and license to use, reproduce, publicly display, publicly perform, modify, sublicense, and distribute such User Content, and incorporate it in other works, in whole or in part, in any manner and any media now known or hereafter developed. You represent and warrant that you own such content or otherwise have sufficient rights in the content to grant to The Pattern Trader, LLC the foregoing license without infringing or violating the rights of any third party. Without in any way limiting the foregoing, you acknowledge and agree that The Pattern Trader, LLC, its licensees, affiliates, successors and assigns, shall have the right to sell, license, assign and otherwise transfer any and all of the rights granted by you to The Pattern Trader, LLC under these Terms of Service, and to display any advertising, publicity, promotional materials and distribution rights in connection with your User Content. You acknowledge and agree that The Pattern Trader, LLC, its licensees, affiliates, successors and assigns, will be entitled to retain any and all revenue generated from any sales, licenses, assignments and other transfers of the rights granted by you hereunder, as well as any and all revenue generated by the display of any advertising, publicity, promotional materials or distribution rights in connection with your User Content. Nothing in these Terms of Service obligates or may be deemed to obligate The Pattern Trader, LLC or any other person or entity to exercise any of the rights granted by you under these Terms of Service. You will not receive any compensation of any kind for your User Content or the use thereof, and you agree that there is no industry or other custom or practice that will vary these Terms of Service. You agree that The Pattern Trader, LLC, its licensees, successors and/or assigns, shall have no obligation to give you credit for your User Content, but in their sole discretion may elect to do so.
No Rights Created by Submission and No Payment for User Content: Your User Content will not be acknowledged or returned. You acknowledge and agree that your User Content is being sent voluntarily by you, and not in confidence, and that no confidential relationship is intended or created between The Pattern Trader, LLC, and/or any other person or entity, on the one hand, and you, on the other hand, by your submission of the User Content. You also agree that The Pattern Trader, LLC does not intend and will not pay you for any User Content. You understand that no industry custom or practice changes your agreement that you will not be paid for any User Content.
Use of Name and Likeness: By posting User Content on the services, you consent to the recording, use and reuse by The Pattern Trader, LLC, its licensees, successors and assigns, of your voice, actions, likeness, name, appearance, profile photograph, performance, biographical material, and any other identifying information, including, without limitation, any information contained in your User Content (collectively, “Personal Elements”), as used, edited, altered, fictionalized or modified by The Pattern Trader, LLC, in its sole discretion, in any and all media now known or hereafter devised, throughout the world, in perpetuity, including, without limitation, in and in connection with The Pattern Trader, LLC, or related Sites or services, in and in connection with any television programs and other productions, and in and in connection with advertising, promotion and publicity.
Ownership: Except as expressly set forth in these Terms of Service, you shall continue to own all rights in and to the User Content. To the extent your User Content contains other materials or elements owned by The Pattern Trader, LLC or any other affiliated company, such as characters or other elements protected by copyright, trademark or other laws, your rights to make any other use of the User Content will continue to be governed by and may be limited by other applicable laws, the rights of third parties and The Pattern Trader, LLC.
Public Nature of Services: While we may offer you the ability to post User Content anonymously, please be aware that your account information relating to your User Content is still stored by us. User Content does not reflect the views of The Pattern Trader, LLC. Notwithstanding anything else in these Terms of Service, The Pattern Trader, LLC should not be seen as endorsing any User Content in any way. None of The Pattern Trader, LLC or its officers, directors, and employees, subsidiaries and/or affiliates shall be liable for any User Content. You acknowledge that you have no expectation of privacy with regard to any User Content.
Liability for User Content: User Content does not reflect the views of The Pattern Trader, LLC. Notwithstanding anything else in these Terms of Service, The Pattern Trader, LLC should not be seen as endorsing any User Content in any way. User Content posted through the services are provided by users like you who are unaffiliated with The Pattern Trader, LLC, and the user providing User Content is solely
responsible for his/her own User Content. This means that you, and not The Pattern Trader, LLC, are entirely responsible and liable for any claims, loss or damages relating to all User Content that you upload, post, email or otherwise transmit via the services. None of The Pattern Trader, LLC or its affiliates, or its or their officers, directors, and employees, subsidiaries and/or affiliates are responsible for User Content, accuracy or opinions expressed on the services, nor shall they have any liability for any such User Content. The Pattern Trader, LLC does not investigate, monitor or check for accuracy or completeness of User Content. You understand that by using the Site or services, you may be exposed to User Content that is offensive, indecent, or objectionable.
Your correspondence or business dealings with, or participation in promotions of, merchants found on or through the services, including payment and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such merchant. The Pattern Trader, LLC will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such merchants on the services.
11. Children’s Online Privacy Protection Act Notification
The Pattern Trader, LLC is not designed or intended for use by children under the age of 13.
12. Disclaimer of Warranties
While The Pattern Trader, LLC uses reasonable efforts to include up to date information on the Site and services, The Pattern Trader, LLC makes no warranties or representations as to its accuracy, timeliness, reliability, completeness or otherwise.
THE PATTERN TRADER, LLC PROVIDES THE SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE PATTERN TRADER, LLC, ITS PARENT, ITS AFFILIATES, AGENTS AND LICENSORS (COLLECTIVELY, THE “THE PATTERN TRADER, LLC PARTIES”) DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. WITHOUT LIMITING THE FOREGOING, THE PATTERN TRADER, LLC DOES NOT WARRANT THAT THE SERVICES, OR YOUR ACCESS TO OR USE OF THE SERVICES WILL (1) BE UNINTERRUPTED; (2) BE FREE FROM INACCURACIES, ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS; (3) MEET YOUR REQUIREMENTS; OR (4) OPERATE IN THE CONFIGURATION OR WITH THE HARDWARE OR SOFTWARE YOU USE. THE PATTERN TRADER, LLC DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THIS SITE WILL BE AVAILABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKE THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE PATTERN TRADER, LLC DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES OR OTHER CONTENT ON THE SITE OR ANY WEB SITES LINKED TO THE SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. THE PATTERN TRADER, LLC MAKES NO WARRANTIES THAT YOUR USE OF THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICE OR OTHER CONTENT IN THE SITE OR ANY WEB SITE WILL NOT INFRINGE THE RIGHTS OF OTHERS AND THE PATTERN TRADER, LLC ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICE OR OTHER CONTENT OF THE SITE OR ANY OTHER WEB SITE. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
13. Exclusion of Damages
IF YOU ARE ACCESSING A UNITED KINGDOM VERSION OF THE SITE, NOTHING IN THIS AGREEMENT SHALL EXCLUDE OR LIMIT LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM THE NEGLIGENCE OF EITHER PARTY OR THEIR SERVANTS, AGENTS OR EMPLOYEES.
NONE OF THE THE PATTERN TRADER, LLC PARTIES WILL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES RELATING TO LOST PROFITS, LOST DATA OR LOSS OF GOODWILL) OR ANY DAMAGES WHATSOEVER THAT RESULT FROM YOUR USE OF OR INABILITY TO USE THE SITE OR SERVICES. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, AND EVEN IF THE PATTERN TRADER, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THIS WAIVER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF ANY RECORD. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT EACH OF THE THE PATTERN TRADER, LLC PARTIES SHALL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE SITE OR OTHER SERVICE. WITHOUT LIMITING THE FOREGOING, THE PATTERN TRADER, LLC WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING OUT OF (1) YOUR FAILURE TO COMPLY WITH SECTION 4 (REGISTRATION, PASSWORDS, UNAUTHORIZED USE OF YOUR ACCOUNT, AND SHARING OF SOCIAL FEATURES) OR (2) CONTENT POSTED TO THE SITE OR SERVICES BY YOU OR ANY THIRD PARTY.
14. Limitation of Liability. Applicability of Disclaimers, Exclusions and Limits
IN NO EVENT WILL THE THE PATTERN TRADER, LLC PARTIES’ AGGREGATE LIABILITY TO YOU IN CONNECTION WITH THE SITE AND SERVICE OR THESE TERMS EXCEED (A) THE AMOUNT (IF ANY) PAID BY YOU TO THE PATTERN TRADER, LLC IN THE SIX MONTHS IMMEDIATELY PRECEDING THE EVENT WHICH GAVE RISE TO THE LIABILITY; OR (B) ONE HUNDRED DOLLARS ($100), WHICHEVER IS LESS.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF DAMAGES, THE PATTERN TRADER, LLC PARTIES’ LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY THE LAW OF SUCH JURISDICTION. IN ADDITION, BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE DISCLAIMER OF CERTAIN WARRANTIES, THE DISCLAIMERS SET FORTH ABOVE MAY NOT APPLY TO YOU. THIS PARAGRAPH WILL ONLY APPLY IF AN ARBITRATOR WITH APPLICABLE JURISDICTION FINDS EXCLUSIONS OF DAMAGES OR LIMITATIONS OF LIABILITY TO BE UNCONSCIONABLE.
15. The Pattern Trader, LLC Is Not Responsible for Third-Party Websites and Content
For your convenience, the services may provide links to websites of other persons or entities (“Third-Party Websites”). HOWEVER, THE THIRD-PARTY WEBSITES ARE NOT CONTROLLED BY THE PATTERN TRADER, LLC. ACCORDINGLY, THE PATTERN TRADER, LLC MAKES NO WARRANTIES OR CONDITIONS REGARDING SUCH THIRD-PARTY WEBSITES HAS NO RESPONSIBILITY FOR THE CONTENTS OF SUCH THIRD-PARTY WEBSITES, AND WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR USE OF OR RELIANCE ON SUCH THIRD-PARTY WEBSITES. YOUR USE OF THIRD-PARTY WEBSITES IS AT YOUR OWN RISK. THE INCLUSION ON THE SITE OR OTHER SERVICE OF A LINK TO A THIRD-PARTY WEBSITE DOES NOT IMPLY AN ENDORSEMENT BY THE PATTERN TRADER, LLC. WHEN YOU ACCESS ANY OF THESE THIRD-PARTY SITES, PLEASE UNDERSTAND THAT IF YOU VISIT THIRD-PARTY WEBSITES THEN YOUR RIGHTS AND OBLIGATIONS WHILE ACCESSING AND USING THOSE SITES WILL BE GOVERNED BY THE AGREEMENTS AND POLICIES RELATING TO THE USE OF THOSE SITES.
You agree to defend, indemnify and hold harmless The Pattern Trader, LLC, its affiliates and their respective directors, officers, employees and agents from and against any and all claims, demands, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable legal fees and costs) arising out of or accruing from (a) any breach of these terms, including any of the foregoing provisions, representations or warranties, and/or from your placement or transmission of any content onto The Pattern Trader, LLC’s servers, and/or from any and all use of your account; (b) any material posted or otherwise provided by you (including without limitation User Content), or any other subscriber or user of your account that infringes any intellectual property right of any person or entity or defames any person or violates their rights of publicity or privacy; (c) any misrepresentation made by you in connection with your use of the services; and (d) any breach of any of the representation, warranties or other terms or conditions relating to use of your User Content or the services.
17. Reservation of Rights
The Pattern Trader, LLC reserves the right to modify or discontinue, temporarily or permanently, all or any part of this Site and/or any software, facilities and services on this Site, with or without notice, and/or to establish general guidelines and limitations on their use.
The Pattern Trader, LLC may, in its sole discretion, terminate your password, account (or any part thereof) or use of the services, or remove and discard any User Content or information stored, sent, or received via the services without prior notice and for any reason or no reason, including, but not limited to: (i) permitting another person or entity to use your identification to access the Site or services, (ii) any unauthorized access or use of the services, (iii) any violation of these Terms of Service, or (iv) tampering with or alteration of any of the software, data files, and/or Content contained in or accessed through, the services. You may terminate your account for any reason or no reason. Termination, suspension, or cancellation of these Terms of Service or your access rights to the services shall not affect any right or relief to which The Pattern Trader, LLC may be entitled, at law or in equity. Upon such termination, suspension, or cancellation, all rights granted to you will automatically terminate and immediately revert to The Pattern Trader, LLC and its licensors and all rights granted by you to The Pattern Trader, LLC shall survive in perpetuity.
19. Infringement Policy
The Pattern Trader, LLC respects the intellectual property of others, and we ask our users to do the same. This Site and materials incorporated by The Pattern Trader, LLC on this Site (“Material”) are protected by copyrights, patents, trade secrets or other proprietary rights (“Copyrights”). Some of the characters, logos or other images incorporated by The Pattern Trader, LLC on this Site are also protected as registered or unregistered trademarks, trade names and/or service marks owned by The Pattern Trader, LLC or others (“Trademarks”).
The Pattern Trader, LLC, pursuant to 17 U.S.C. Section 512 as amended by Title II of the Digital Millennium Copyright Act (the “Act”), reserves the right, but not the obligation, to terminate your license to use the services if it determines in its sole and absolute discretion that you are involved in infringing activity, including alleged acts of first-time or repeat infringement, regardless of whether the material or activity is ultimately determined to be infringing. The Pattern Trader, LLC accommodates and does not interfere with standard technical measures used by copyright owners to protect their materials. Therefore, in compliance with the Act, if you believe that any such third-party materials infringe your intellectual property please send a written notice to the agent identified below to request a review of the alleged infringement:
The Pattern Trader, LLC
2234 North Federal Hwy, Boca Raton, FL 33431
By e-mail: firstname.lastname@example.org
In addition, any written notice regarding any defamatory or infringing activity, whether of a copyright, patent, trademark or other proprietary right must include the following information:
• Your name, address, telephone number, and e-mail address;
• A physical or electronic signature of a person authorized to act on behalf of (1) the owner of an exclusive right that is allegedly infringed or (2) the person defamed;
• Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the services are covered by a single notification, a representative list of such works. Similarly, for materials that are defamatory or infringe patent, trademark, or other proprietary rights of a third party, please submit a list of such materials;
• Identification of the material that is claimed to be infringing, to be the subject of infringing activity, or that is claimed to be defamatory and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit The Pattern Trader, LLC to locate the material;
• 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 or other proprietary right owner, its agent, or the law; and
• A statement that the information in the notice 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 or on behalf of the person defamed.
20. Links By You to the Services
We grant you a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license to create hyperlinks to the services, so long as: (a) the links only incorporate text, and do not use any trademarks, (b) the links and the content on your website do not suggest any affiliation with or endorsement by The Pattern Trader, LLC or cause any other confusion regarding your relationship to The Pattern Trader, LLC or its affiliates or to the services, (c) the link must open in a new browser window and link to the full version of applicable services web page; and (d) the links and the content on your website do not portray The Pattern Trader, LLC or its affiliates or its products or services in a false, misleading, derogatory, or otherwise offensive matter, and do not contain content that is unlawful, offensive, obscene, lewd, lascivious, filthy, violent, threatening, harassing, or abusive, or that violate any right of any third party or are otherwise objectionable to The Pattern Trader, LLC. The Pattern Trader, LLC reserves the right to suspend or prohibit linking to the services for any reason, in its sole discretion, without advance notice or any liability of any kind to you or any third party.
21. Responsible Use of Site
Please act responsibly when using this Site and services. You may only use this Site and its contents for lawful purposes and in accordance with applicable law and you are prohibited from storing, distributing or transmitting any unlawful material through this Site. You may not collect or store personal information regarding other users. You recognize that storing, distributing or transmitting unlawful material could expose you to criminal and/or civil liability. You agree that if a third-party claims that material you have contributed to the services is unlawful, you will bear the burden of establishing that it is lawful. You understand and agree that all materials publicly posted or privately transmitted on or through this Site or services are the sole responsibility of the sender, not The Pattern Trader, LLC, and that you are responsible for all material you upload, publicly post or otherwise transmit to or through this Site or services.
The Pattern Trader, LLC reserves the right to investigate suspected violations of these Terms, including without limitation any violation arising from any submission, posting or e-mails you make or send to any forum. The Pattern Trader, LLC may seek to gather information from the user who is suspected of violating these Terms, and from any other user. The Pattern Trader, LLC may suspend any users whose conduct or postings are under investigation and may remove such material from its servers as it deems appropriate and without notice. If The Pattern Trader, LLC believes, in its sole discretion, that a violation of these Terms has occurred, it may edit or modify any submission, posting or e-mails, remove the material permanently, cancel postings, warn users, suspend users and passwords, terminate accounts or take other corrective action it deems appropriate. The Pattern Trader, LLC will fully cooperate with any law enforcement authorities or court order requesting or directing The Pattern Trader, LLC to disclose the identity of anyone posting any e-mails, or publishing or otherwise making available any materials that are believed to violate these Terms. BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS ALL MEMBERS OF THE PATTERN TRADER, LLC FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY MEMBER OF THE PATTERN TRADER, LLC DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUNCE OF INVESTIGATIONS BY EITHER A MEMBER OF THE PATTERN TRADER, LLC OR LAW ENFORCEMENT AUTHORITIES.
23. Local Regulations
The Pattern Trader, LLC makes no representation that content on the Site or services are appropriate or available for use outside the United States, its territories, possessions and protectorates. If you choose to access the services from other locations you do so on your own initiative and at your own risk.
You are responsible for complying with local laws, if and to the extent local laws are applicable. You specifically agree to comply with all applicable laws concerning the transmission of technical data exported from the United States or the country in which you reside.
24. Export Control
Unless otherwise specified, the materials on the services are presented solely to provide information regarding and to promote The Pattern Trader, LLC’s services and other products available in the U.S. The services are controlled and operated by The Pattern Trader, LLC from its offices within the State of Florida. The Pattern Trader, LLC makes no representation that materials on the services are appropriate or available for use outside the U.S. Those who choose to access the services from outside the U.S. do so on their own initiative and are responsible for compliance with local laws, if and to the extent that local laws are applicable. Software from the services are further subject to U.S. export controls. No software may be downloaded or otherwise exported or re-exported (A) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the U.S. has embargoed goods, or (B) to anyone on the U.S. Treasury Department list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By using the service, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
25. Binding Arbitration of All Disputes. No Class Relief
This Section 26 is deemed to be a “written agreement to arbitrate” pursuant to the Federal Arbitration Act. You and The Pattern Trader, LLC agree that we intend that this Section 25 satisfies the “writing” requirement of the Federal Arbitration Act. This Section 25 can only be amended by mutual agreement. For non-U.S. residents, if binding arbitration is adjudged by a tribunal to be unenforceable, the provisions of Section 26 shall apply to all relevant disputes between you and us.
We believe that arbitration is a faster, more convenient and less expensive way to resolve any disputes or disagreements that you may have with us. Therefore, pursuant to these Terms of Service, if you have any dispute or disagreement with us regarding (i) your use of or interaction with the Site or other services, (ii) any purchases or other transactions or relationships with The Pattern Trader, LLC, or (iii) any data or information you may provide to The Pattern Trader, LLC or that The Pattern Trader, LLC may gather in connection with such use, interaction or transaction (collectively, “The Pattern Trader, LLC Transactions or Relationships”), you will not have the right to pursue a claim in court, or have a jury decide the claim and you will not have the right to bring or participate in any class action or similar proceeding in court or in arbitration. By using or interacting with the Site or other service, or engaging in any other The Pattern Trader, LLC Transactions or Relationships with us, you agree to binding arbitration as provided below.
(a) Single Arbitrator. The Arbitration shall be conducted before a single arbitrator selected in accordance with the Applicable Rules or by mutual agreement between you and The Pattern Trader, LLC (the “Arbitrator”);
(b) Arbitrator Will Interpret This Agreement. The Arbitrator, and not any federal, state or local court or agency, shall have the exclusive authority to resolve any dispute arising under or relating to the validity, interpretation, applicability, enforceability or formation of these Terms of Service and/or these arbitration provisions in Section 25 hereof, including but not limited to any claim that all or any part of these Terms of Service is void or voidable;
(c) Location of Arbitration. The Arbitration shall be held either: (i) at a location determined by JAMS (or, if applicable, AAA) pursuant to the Applicable Rules (provided that such location is reasonably convenient for you and does not require travel in excess of 100 miles from your home or place of business); or (ii) at such other location as may be mutually agreed upon by you and The Pattern Trader, LLC; or (iii) at your election, if the only claims in the arbitration are asserted by you and are for less than $10,000 in aggregate, by telephone or by written submission.
(d) Governing Law. The Arbitrator (i) shall apply internal laws of the State of Florida consistent with the Federal Arbitration Act and applicable statutes of limitations, or, to the extent (if any) that federal law prevails, shall apply the law of the U.S., irrespective of any conflict of law principles; (ii) shall entertain any motion to dismiss, motion to strike, motion for judgment on the pleadings, motion for complete or partial summary judgment, motion for summary adjudication, or any other dispositive motion consistent with New York or federal rules of procedure, as applicable; (iii) shall honor claims of privilege recognized at law; and (iv) shall have authority to award any form of legal or equitable relief;
(e) No Class Relief. The Arbitration can resolve only your and/or The Pattern Trader, LLC’s individual claims, and the Arbitrator shall have no authority to entertain or arbitrate any claims on a class or representative basis, or to consolidate or join the claims of other persons or parties who may be similarly situated;
(f) Written Award. The Arbitrator shall issue a written award supported by a statement of decision setting forth the Arbitrator’s complete determination of the dispute and the factual findings and legal conclusions relevant to it (an “Award”). Judgment upon the Award may be entered by any court having jurisdiction thereof or having jurisdiction over the relevant party or its assets;
(g) Arbitration Costs. In the event that you are able to demonstrate that the costs of Arbitration will be prohibitive as compared to the costs of litigation, The Pattern Trader, LLC will pay as much of your filing and hearing fees in connection with the Arbitration as the Arbitrator deems necessary to prevent the arbitration from being cost-prohibitive, regardless of the outcome of the Arbitration, unless the Arbitrator determines that your claim(s) were frivolous or asserted in bad faith;
(h) Reasonable Attorney’s Fees. In the event you recover an Award greater than The Pattern Trader, LLC’s last written settlement offer, the Arbitrator shall also have the right to include in the Award The Pattern Trader, LLC’s reimbursement of your reasonable and actual out-of-pocket attorneys’ fees associated with the Arbitration, but The Pattern Trader, LLC shall in all events bear its own attorneys’ fees; and
(i) Interpretation and Enforcement of Arbitration Clause. With the exception of subpart (e) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Applicable Rules, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (e) is found to be invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void, and neither you nor The Pattern Trader, LLC shall be entitled to arbitrate their dispute, and must instead bring any claims in a court of competent jurisdiction.
(j) Modification of Arbitration Clause With Notice. The Pattern Trader, LLC may modify these arbitration provisions, but such modifications shall only become effective thirty (30) days after The Pattern Trader, LLC has given notice of such modifications and only on a prospective basis for claims arising from The Pattern Trader, LLC Transactions and Relationships occurring after the effective date of such notification.
(k) Small Claims Matters are Excluded. No Class Relief or Joinder of Claims. Notwithstanding the foregoing arbitration provisions, at your option, you may bring any claim you have against The Pattern Trader, LLC in your local small claims court within the U.S., if your claim is within such court’s jurisdictional limit; provided that such court does not have the authority to entertain any claims on a class or representative basis, or to consolidate or join the claims of other persons or parties who may be similarly situated in such proceeding.
26. Dispute Resolution for Non US Residents Only if a Tribunal has Ruled that Arbitration is Prohibited by Law
This Section 26 applies to non-US Residents, where applicable law prohibits arbitration of disputes in accordance with Section 25.
(a) Section 26 disputes. If any controversy, allegation, or claim (including any non-contractual claim) arises out of or relates to the services, the Content, these Terms of Service, whether heretofore or hereafter arising or to any of The Pattern Trader, LLC’s actual or alleged intellectual property rights (collectively, a “Section 26 Dispute”), then you and we agree to send a written notice to the other providing a reasonable description of the Section 26 Dispute, along with a proposed resolution of it. Our notice to you will be sent to you based on the most recent contact information that you provide us. But if no such information exists or if such information is not current, then we have no obligation under this Section 26(a). Your notice to us must be sent to:
The Pattern Trader, LLC
2234 North Federal Hwy, Boca Raton, FL 33431
By e-mail: email@example.com
For a period of sixty (60) days from the date of receipt of notice from the other party, The Pattern Trader, LLC and you will engage in a dialogue in order to attempt to resolve the Section 27 Dispute, though nothing will require either you or The Pattern Trader, LLC to resolve the Section 27 Dispute on terms with respect to which you and The Pattern Trader, LLC, in each of our sole discretion, are not comfortable.
(b) Jurisdiction. The parties agree that the state or federal courts in Florida shall have non-exclusive jurisdiction of any Section 26 Dispute. (c) Governing Law. To the maximum extent permitted by the mandatory laws in your country of residence, these Terms of Service and any Section 26 Dispute arising out of or in connection with it or its subject matter or formation (including non-contractual disputes), will be governed by, and construed in accordance with, the laws of the U.S. and the State of Florida without regard to its conflicts of law provisions, without regard to its conflicts of law provisions.
(d) Limited Time to File Claims. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IF YOU OR WE WANT TO ASSERT A SECTION 26 DISPUTE AGAINST THE OTHER, THEN YOU OR WE MUST COMMENCE IT (BY DELIVERY OF WRITTEN NOTICE AS SET FORTH IN SECTION 26(a) WITHIN ONE (1) YEAR AFTER DISCOVERY OF THE SECTION 26 DISPUTE ARISES - OR IT WILL BE FOREVER BARRED.
(e) Injunctive Relief. The foregoing provisions of this Section 26 will not apply to any legal action taken by The Pattern Trader, LLC to seek an injunction or other equitable relief in connection with, any loss, cost, or damage (or any potential loss, cost, or damage) relating to the services, any Content, your User Content and/or The Pattern Trader, LLC’s intellectual property rights (including such The Pattern Trader, LLC may claim that may be in dispute), The Pattern Trader, LLC’s operations, and/or The Pattern Trader, LLC’s products or services.
27. Member Disputes
You are solely responsible for any interaction with other members or visitors to the services, and The Pattern Trader, LLC reserves the right, but shall have no obligation, to monitor disputes between you and any other member of The Pattern Trader, LLC.
28. Notice for California Users
Under California Civil Code Section 1789.3, California users of the services are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210 Updated on Feb 28, 2011.
(a) Applicable law. These Terms of Service, any Additional Terms and the relationship between you and The Pattern Trader, LLC shall be governed by the laws of the U.S. and the State of Florida without regard to its conflicts of law provisions.
(b) Venue. Subject to the arbitration provisions above, and other than small claims actions as permitted therein, any action or proceeding arising from, relating to or in connection with these Terms of Service will be brought exclusively in the federal or state courts located in Miami, Florida, and you irrevocably consent to the personal jurisdiction of such courts and agree that it is a convenient forum and that you will not seek to transfer such action or proceeding to any other forum or jurisdiction, under the doctrine of forum non conveniens or otherwise.
(c) No Waiver. No failure or delay by The Pattern Trader, LLC in exercising any right, power or privilege under these Terms of Service will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other right, power, or privilege under these Terms of Service.
(d) Severability. Unless otherwise expressly provided herein, the invalidity or unenforceability of any provision of these Terms of Service will not affect the validity or enforceability of any other provision, all of which will remain in full force and effect.
(f) Paragraph and Section Titles are For Your Convenience. The paragraph or section titles in these Terms of Service are for convenience only and have no legal or contractual effect.
(g) This is the Entire Agreement. These Terms of Service represent the entire understanding of the parties regarding its subject matter, and supersede all prior and contemporaneous agreements and understandings between the parties regarding its subject matter, and may not be amended, altered or waived except in writing by the party to be charged.
(h) Assignment. These Terms of Service are binding upon and shall ensure to the benefit of parties and their respective successors, heirs, executor, administrators, personal representatives and permitted assigns. You shall not assign your rights or obligations hereunder without The Pattern Trader, LLC’s prior written consent.
(i) Connectivity. You are responsible for obtaining and maintaining all devices and other equipment and software, and all internet service provider, mobile service, and other services needed for your access to and use of the online service and you will be responsible for all charges related to them.
30. Terms Applicable for Apple iOS
If you are accessing or using the services through an Apple device, the following additional terms and conditions are applicable to you and are incorporated into the Terms of Service by this reference:
(a) To the extent that you are accessing the services through an Apple device, you acknowledge that these Terms of Service are entered into between you and The Pattern Trader, LLC and, that Apple, Inc. (“Apple”) is not a party to these Terms of Service other than as third-party beneficiary as contemplated below.
(b) The license granted to you in Section 2 of these Terms of Service is subject to the permitted Usage Rules set forth in the App Store Terms (see: http://www.apple.com/legal/itunes/us/terms.html) and any third party terms of agreement applicable to the services.
(c) You acknowledge that The Pattern Trader, LLC, and not Apple, is responsible for providing the services and Content thereof.
(d) (d) You acknowledge that Apple has no obligation whatsoever to furnish any maintenance or support services to you with respect to the services. Commented [MOU1]: applies to digital or physical content
(e) To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the services.
(f) Notwithstanding anything to the contrary herein, and subject to the terms in these Terms of Service, you acknowledge that, solely as between Apple and The Pattern Trader, LLC, The Pattern Trader, LLC and not Apple is responsible for addressing any claims you may have relating to the services, or your possession and/or use thereof, including, but not limited, to: (i) product liability claims, (ii) any claim that the services fail to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. As set forth under these Terms of Service in Sections 13, 14 and 15, The Pattern Trader, LLC’s liability to you for use of the services is greatly limited.
(g) Further, you agree that if the services, or your possession and use of the services, infringes on a third party’s intellectual property rights, you will not hold Apple responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claims.
(h) You acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms of Service, and that, upon your acceptance of the terms and conditions of these Terms of Service, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Service against you as a third-party beneficiary thereof.
(i) When using the services, you agree to comply with any and all third-party terms that are applicable to any platform, website, technology or service that interacts with the services.
31. Product Specifications; Pricing; Typographical Errors
We do our best to describe every product or service offered on this online service as accurately as possible. However, we are human, and therefore we do not warrant that product specifications, pricing, or other content on the services is complete, accurate, reliable, current, or error-free. In the event of any errors relating to the pricing or specifications, The Pattern Trader, LLC shall have the right to refuse or cancel any orders in its sole discretion. If we charged your credit card or other account prior to cancellation, we will issue a credit to your account in the amount of the charge. Additional Terms may apply. If a product you purchased from The Pattern Trader, LLC is not as described, your sole remedy is to return it in unused condition, complete and undamaged, in the original packaging.
32. Seller; Risk of Loss
The Pattern Trader, LLC is the seller of certain goods and services on the services. All items purchased from the services are made pursuant to a delivery contract. This means that the risk of loss and title for such items pass to you upon delivery to the carrier or digital channel such as email.
33. Subscription Services: Trial Periods/Promotional Offers; Automatic Renewal and Payment Method; Cancellations and Refunds
We may make certain subscription services available to you (including without limitation, The Pattern Trader Elite and The Pattern Trader Accelerator) (“Subscription Services”) for which we charge a periodic fee (e.g., monthly, quarterly, annually), depending on the plan you choose (“Subscription Fee”). You agree that your subscription may be automatically renewed (subject to applicable law) for another subscription period of equal length (for example, monthly, quarterly, or annually) at the then-current price for such subscription. We reserve the right to modify, terminate or otherwise amend Subscription Services plans. The Subscription Fee is subject to change, but we will give you advance notice of any such changes by e- mail and such change would only take effect at the start of the next renewal period.
Trial Periods / Promotional Offers
From time to time, we may offer our Subscription Services on a limited free trial basis for a specified period (a “Trial Period”). Trial Periods are only available for a limited time to first-time subscribers and cannot be combined with any other offer. Only one (1) Trial Period may be redeemed per subscriber. You must have Internet access, a valid email address, and a valid credit card or debit card (“Payment Method”) on file to redeem a Trial Period offer. Upon registering for your Trial Period, your access to the Subscription Services will begin and your Payment Method will be authorized for the full amount due for the Subscription Services for which you signed up. You may cancel at any time prior to the end of your Trial Period, in which case, you will not be charged for the corresponding Subscription Services.
Unless you cancel beforehand as set forth below in Cancellations and Refunds, on the day after your Trial Period ends, your paid subscription will automatically begin, and we will begin billing your Payment Method for the applicable Subscription Fee, plus any applicable taxes. Aside from the initial acknowledgement you receive upon signing up for the Subscription Services, you may not receive a second notice from us that your Trial Period is ending or that your paid subscription has begun. YOU MUST CANCEL IN ACCORDANCE WITH THE INSTRUCTIONS BELOW PRIOR TO THE END OF YOUR TRIAL PERIOD TO AVOID CHARGES OR DEBITS TO YOUR PAYMENT METHOD.
Certain promotional offers, including limited time promotional pricing for the Subscription Services, may be made available as determined in our sole discretion. Promotional offers are subject to change and may be subject to additional terms and conditions, including specific eligibility requirements. Certain restrictions may apply to promotional offers, which will be presented to you in the applicable offer terms.
Auto Renewal and Payment Method
By subscribing to the Subscription Services, you expressly agree that we are permitted to charge your authorized Payment Method the Subscription Fee, together with any applicable taxes due in connection with your use of the Subscription Services. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE THE PAYMENT METHOD YOU PROVIDE FOR THE PAYMENT OF ALL AMOUNTS DUE IN CONNECTION WITH YOUR SUBSCRIPTION. The applicable Subscription Fee will be billed at the beginning of your subscription and will automatically renew at the end of the applicable subscription period (e.g., on a monthly, quarterly, or annual basis, as applicable), unless and until you cancel in accordance with the instructions below. You acknowledge that billing may not occur on the same date of each month, depending on when your subscription commences. By way of example, if your subscription commences on July 31, you will be billed on/near August 31, September 30, etc.
Unless otherwise required by applicable law or stated herein: (a) the Subscription Fee and taxes due for Subscription Services are nonrefundable; and (b) there will be no refunds or credits for partial subscription periods.
If you purchased your subscription directly through ThePatternTrader.com or our affiliated sites and want to change or modify the existing Payment Method information in your account, you may edit your Payment Method information by clicking on the “My Account” Section, available at the top of the web page when signed in to the applicable Subscription Services. If we are having difficulties billing your Payment Method (e.g., due to expiration), or a charge or debit is denied for any reason: (a) you will receive a seven (7) day grace period during which time you may update your Payment Method; (b) your continued use of the Subscription Services constitutes your authorization for us to continue billing that Payment Method; (c) we shall have the right to terminate or suspend your access to the Subscription Services; and (d) you remain responsible for any uncollected amounts. If you purchased the Subscription Services through a third-party platform such as the Apple App or Google Play Stores, you must update your Payment Method pursuant to such third-party platform’s applicable terms.
Cancellations and Refunds
We will continue to bill your Payment Method on an auto-renewing basis for your subscription plan until you cancel as set forth herein. You may cancel your subscription to the Subscription Services at any time, and cancellation will be effective at the end of your then-current subscription period. For instance, if you cancel an annual subscription, the cancellation will be effective at the end of that annual subscription period, and no refund will be provided for any remaining time in that year. For the avoidance of doubt, for annual subscription periods, this will apply whether you pay the annual fee at one time or on a monthly basis. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL-PERIOD SUBSCRIPTION PERIODS OR UNUSED SERVICES, UNLESS OTHERWISE REQUIRED BY APPLICABLE LAW OR AS STATED HEREIN.
TO CANCEL: If you purchased your subscription directly through ThePatternTrader.com or our affiliated sites, click the “My Account” Section, available at the top of the web page when signed in to the applicable Subscription Services. To cancel, click “Subscriptions” and “Unsubscribe” and follow any remaining instructions.
Alternatively, you can contact our Customer Care Center at 1-xxx-xs-xxxx or firstname.lastname@example.org. If you purchased access to the Subscription Services through a third-party platform such as the Apple App or Google Play Stores, in addition to these Terms of Service, separate terms and conditions made available by such third party may apply to your use of the Subscription Services. Any choices (including cancellations) you make with respect to your subscriptions must be made via the platform through which you signed up for the Subscription Services. For example, if you signed up for the Subscription Services using Apple’s in-app purchasing, you must manage your subscription using the Apple App Store.
Notwithstanding anything herein to the contrary, we reserve the right to discontinue the Subscription Services at any time and to cancel your subscription in connection with such discontinuation, in which case, we will provide a pro-rata refund of your subscription fee based on the unused portion of your subscription. We reserve the right to suspend or terminate your access to the Subscription Services at any time, including if we reasonably believe that you have violated these Terms of Service. Except as required by applicable law or as stated herein, we are not responsible for any refunds or credits in connection with any suspended or terminated subscriptions or accounts.
34.Disclaimer for The Pattern Trader Elite, The Pattern Trader Accelerator, and 3 Day Trade with Mark Content (collectively, “The Pattern Trader Services”):
All opinions expressed in connection with The Pattern Trader Services and any related newsletters or content (collectively, the “Pattern Trader Content”) are solely the opinions of Mark Shawzin and other featured analysts and do not reflect the opinions of The Pattern Trader, LLC or affiliates. No part of Mark Shawzin’s or any other featured analyst’s compensation from The Pattern Trader, LLC is directly related to, or impacted by, the specific opinions expressed in connection with the Pattern Trader Content. No fiduciary obligation or duty exists, or is created, between you and The Pattern Trader, LLC or affiliates Mark Shawzin or any other featured analyst, including without limitation by virtue of any investing advice offered in connection with the Pattern Trader Content. The Pattern Trader Content is published in the United States of America and persons who access it agree to do so in accordance with applicable U.S. law.
Any financial opinions offered in connection with the Pattern Trader Content are based upon information considered to be reliable, but neither The Pattern Trader, LLC, nor any analyst (including Mark Shawzin) warrant the completeness or accuracy of, or are under any obligation to update or correct, any information provided to you in connection with the Pattern Trader Content. The opinions offered in connection with the Pattern Trader Content are subject to change without notice.
Mark Shawzin and other featured analysts may own the securities that Mark Shawzin and other featured analysts discuss, and they may profit if you purchase or sell the securities discussed by them.
The opinions made known to you in connection with the Pattern Trader Content are not exclusive to you and may have been previously, or subsequently, discussed by Mark Shjawzin and other featured analysts on the internet, or other mediums.
Past performance is not indicative of future results. No specific outcome or profit is guaranteed in connection with your reliance upon or other use of the Pattern Trader Content. The opinions offered in connection with the Pattern Trader Content are not an attempt to induce any particular trading behavior, investment or strategy. You should be aware of the risk of loss in following any strategy or investment discussed in the Pattern Trader Content.
Investments or strategies made known to you in connection with the Pattern Trader Content: (a) may not be suitable for you; (b) do not take into account your particular investment objectives, financial situation or needs; and (c) are not intended to provide investment advice or recommendations appropriate for you. Before making any investment or trade, consider whether it is suitable for you and consider seeking advice from your own financial or investment adviser.