Terms and Conditions
Terms and Conditions
- Mandatory Binding Individual Arbitration Agreement and Class Action Waiver
A. Mandatory Binding Arbitration
B. Class Action Waiver
C. Opt-Out Procedures
D. Rules, Procedures & Governing Law
E. Changes to Arbitration Agreement
II. General Terms
No Recommendations or Advice Provided
III. No Warranty
VI. Seminar and Software
VII. Refund Policy
VIII. Modifications to Terms
IX. Privacy and Communications
X. Intellectual Property
XI. CAN-SPAM Compliant
XIII. Limitation of Liability
XIV. Termination and Survival
XV. Governing Law
XVI. Entire Agreement
Last updated on 06/19/2023
Please read these Terms and Conditions (“Terms”) carefully before accessing or using our website simplertrading.com (the “Site”) and any other applications, content, products, and services (collectively, the “Services”) made available by Simpler Trading LLC or its representatives, affiliates, officers, and directors (collectively, “Simpler Trading,” “we”, or “us”). By accessing, using, or purchasing through the Services, as well as by clicking an “I Agree,” “Sign Up,” or similar button or check-box, you agree to be bound by all Terms, including any additional or updated terms and policies posted on the Site. These Terms are a legal agreement between Simpler Trading and you, and may also be referred to as this “Agreement.” If you do not agree to these Terms, then you may not access or use the Services. If these Terms are considered an offer, acceptance is expressly limited to these Terms, and Simpler Trading rejects any additional or different terms proposed by you. “You” means you, the individual user accessing the Site or Services, as well as any other person or entity on whose behalf you are accessing the Site or Services.
PLEASE READ: THESE TERMS CONTAIN A MANDATORY ARBITRATION AGREEMENT (SECTION I BELOW INCLUDING ALL SUBPARTS), REQUIRING ANY DISPUTE BETWEEN YOU AND SIMPLER TRADING, SUBJECT TO LIMITED EXCEPTIONS, TO BE RESOLVED BY FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL BASIS AND REQUIRING YOU TO FOREGO JURY TRIALS, CLASS OR COLLECTIVE ACTIONS OR PROCEEDINGS, AND ALL OTHER TYPES OF COURT PROCEEDINGS OF ANY KIND. UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT FOLLOWING THE OPT-OUT PROCEDURES IN SECTION I BELOW, YOU WILL BE BOUND BY THIS ARBITRATION AGREEMENT. BY ENTERING THIS AGREEMENT, YOU ACKNOWLEDGE THAT YOU UNDERSTAND AND EXPRESSLY AGREE TO THE MANDATORY ARBITRATION AGREEMENT.
- Mandatory Binding Individual Arbitration Agreement and Class Action Waiver
- Mandatory Binding Arbitration
By agreeing to these Terms, you agree that all disputes, claims, or causes of action arising from or related to the Services or these Terms, or the breach, termination, enforcement, interpretation, or validity thereof (collectively, “Disputes”), will be resolved through binding arbitration in accordance with the rules of the American Arbitration Association (“AAA”), and not in a court of law in any jurisdiction, and not in a class, representative, or consolidated action or proceeding, as further set forth below. You and Simpler Trading agree that the arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any disputes relating to the interpretation, applicability, enforceability or formation of this Arbitration Agreement, including any claim that all or any part of this Arbitration Agreement is void or voidable. The Arbitrator shall also be responsible for determining all threshold arbitrability issues, including issues relating to whether the Terms are unconscionable or illusory and any defense to arbitration, including waiver, delay, laches, or estoppel.
- Class Action Waiver
You acknowledge and agree that you and Simper Trading are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class, representative, or consolidated action or proceeding. Unless both you and Simpler Trading agree in writing, any arbitration will be conducted only on an individual basis and not in a class, collective, consolidated, or representative proceeding. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the entirety of the Arbitration Agreement set forth in this Section I shall be deemed null and void in its entirety, and the parties shall be deemed to have not agreed to arbitrate disputes on a class basis. Notwithstanding the parties’ agreement to resolve all Disputes through arbitration, you and Simpler Trading each retain the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyright rights, trade secrets, patents or other intellectual property rights.
- Opt-Out Procedures
You can choose to reject this Arbitration Agreement by sending us a written opt-out notice (“Opt-Out Notice”) within 30 days following the date you first agree to these Terms, by email at [email protected] or by mail at 4300 North Quinlan Park Road, Suite #120, Austin, TX 78732. If mailed, the Opt-Out Notice must be post-marked no later than 30 days following the date you first agree to these Terms. To be effective, the Opt-Out Notice must contain your full name, address, and signature. If you opt-out of the Arbitration Agreement, all other parts of the Terms will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any previous, other, or future arbitration agreements that you may enter with Simper Trading.
- Rules, Procedures & Governing Law
The arbitration will be administered by AAA under its Consumer Arbitration Rules and any supplementary rules then in effect (the “AAA Rules”), except as modified by these Terms. The AAA Rules are available at www.adr.org or by calling the AAA at (800) 778-7879. The rules of the arbitral forum will govern all aspects of this arbitration, except to the extent those rules conflict with these Terms. Notwithstanding any choice of law or other provision in the Terms, you and Simpler Trading agree and acknowledge that this Arbitration Agreement evidences a transaction involving interstate commerce and that the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (“FAA”), will govern its interpretation and enforcement of proceedings pursuant thereto. It is the intent of the parties that the AAA Rules and FAA shall preempt all state laws to the fullest extent permitted by law. If the AAA Rules and FAA are found to not apply to any issue that arises under this Arbitration Agreement or the enforcement thereof, then that issue shall be resolved under the laws of Texas, without regard to its choice or conflict of law provisions.
A party who wishes to start arbitration must submit a written Demand for Arbitration to the AAA and give notice to the other party as specified in the AAA Rules. The AAA provides a form Demand for Arbitration at www.adr.org. You can contact the AAA for more information on how to commence an arbitration proceeding at www.adr.org or (800) 778-7879.
For claims under $10,000, you may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location. If your claim is at or above $10,000, your right to a hearing will be determined by the AAA Rules. Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s applicable rules. We will reimburse those fees for claims totaling less than $10,000, unless the Arbitrator finds your Dispute frivolous. Unless prohibited, any arbitration will take place in Austin, Texas, and you agree that Austin, Texas is an appropriate venue for such arbitration and consent to such venue.
- Changes to Arbitration Agreement
Notwithstanding the provisions of this Section I, if Simpler Trading changes any of the terms of this Section I after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us a written notice of such rejection within 30 days of the date such change became effective, as indicated in the “Last Updated” date above. This written notice must be provided either by email at [email protected] or by mail to 4300 North Quinlan Park Road, Suite #120, Austin, TX 78732. In order to be effective, the notice must include your full name, address, and signature, and clearly indicate your intent to reject changes to this Arbitration Agreement. By rejecting any change, you are agreeing that you will arbitrate any dispute between you and Simpler Trading, in accordance with the provisions of this Arbitration Agreement as of the date you first agreed to the Terms (or to any subsequent changes to the Terms).
- General Terms
By accessing, using, or purchasing through the Services, you acknowledge, represent and warrant that you are (i) at least 18 years of age (or the minimum age in your jurisdiction for entering into a binding contract) and (ii) capable of entering into a legally binding agreement, on behalf of both yourself and any other person or entity on whose behalf you are accessing the Site and/or Services.
All supplemental terms and rules issued by Simpler Trading that apply to the use of the Site, including and additional disclaimers, form an integral part of these Terms, and are incorporated herein by this reference.
You understand and agree that the Site is provided by Simpler Trading and the Site and/or Services may be terminated, otherwise discontinued, or changed or revised, in whole or in part, by Simpler Trading at its discretion. For example and without limitation, we may add or remove contributions or content from any contributor / commentator, or add or remove a feature or section of the Site, at any time.
By accepting these Terms, you agree that you will not:
Monitor, harvest, collect or attempt to obtain passwords or other account information from or about other users of the Site, disclose your, or another person’s personally identifiable information;
Impersonate another person, attempt to mislead others by indicating that you represent the Simpler Trading, any of its partners, affiliates, or related companies, or express or imply that any statements that you make or actions you take are endorsed by Simpler Trading;
Download or copy any content, paid or free, except as may occur through the normal caching function of your browser and except to print and retain a copy for your own personal, non-commercial use;
Share your login, password or account information with any other person or entity or permit any other person or entity to access the Service with your login and account information;
Reproduce, republish, upload, post, transmit, modify, distribute or publicly display any of the content except as expressly authorized by these Terms;
Outside the Site, sell, advertise or post information granted to you through the Site by setting up an account and paying your membership fee;
Probe, scan or test the vulnerability of the Site or breach its security or authentication measures; take any action that imposes an unreasonable or disproportionately large load on the infrastructure used to deliver the Site, Simpler Trading’s systems or networks, or any systems or networks connected to the Site or Simpler Trading.
You also agree that you are strictly prohibited from: (i) using any robot, spider, or other automatic device, process, or means to access the Site for any purpose, including monitoring, scraping, or copying any of the material on the Site; (ii) use any manual process to monitor or copy any of the material or Content on the Site, or for any other purpose not expressly authorized in these Terms, without our prior written consent; (iii) introduce to the Site or any Simper Trading system any viruses, Trojan horses, worms, malware, ransomware, logic bombs, or other material that is malicious or technologically harmful; or (iv) attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, any Simpler Trading accounts, the servers on which the Site is hosted or stored, or any server, computer, or database connected to the Site.
No Recommendations or Advice Provided
Information contained on the Site is educational and general in nature and designed to contribute to your overall understanding of various types of technical analysis and how the Simpler Trading and its representatives apply this information to the financial markets. Simpler Trading is not a financial advisor, securities broker-dealer or registered analyst. No information contained on the Site is intended as securities brokerage, investment, tax, accounting or legal advice, as an offer or solicitation of an offer to sell or buy, or as an endorsement, recommendation or sponsorship of any company, security or fund.
Trading of stocks, options, futures and cryptocurrencies may not be suitable for everyone and involves risks. You should consult your business advisor, legal, tax and accounting advisors concerning any contemplated transactions.
By accessing the Site you acknowledge the risks involved in trading the stock, options, futures and cryptocurrency markets and acknowledge that you, the user, are solely responsible for any losses, financial or otherwise, as a result of using this Site. Simpler Trading cannot and does not assess, verify or guarantee the adequacy, accuracy or completeness of any information, the suitability or profitability of any particular investment, or the potential value of any investment or informational source. Simpler Trading does not represent or warrant that any particular investment or investment strategy or type is appropriate for you. Information contained on this Site may not be appropriate for you and your particular circumstances. You are responsible for conducting your own investment research and decisions. Simpler Trading in no way warrants the solvency, financial condition, or investment advisability of any of the securities mentioned on the Site or any linked site.
Simpler Trading, its employees and its traders will NEVER manage or offer to manage a customer or individual’s binary options, options, stocks, cryptocurrencies, currencies, futures, forex or any financial markets or securities account. If someone claiming to represent or be associated with the Simpler Trading solicits you for money or offers to manage your trading account, do not provide any personal information and contact us immediately.
U.S. Government Required Disclaimer – Commodity Futures Trading Commission
Futures, options and stock trading has large potential 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 futures, options or stock markets. Don’t trade with money you can’t afford to lose. This website is neither a solicitation nor an offer to buy/sell futures, options or stocks. No representation is being made that any account will or is likely to achieve profits or losses similar to those discussed on this website. The past performance of any trading system or methodology is not necessarily indicative of future results.
You should view our additional disclaimers before continuing to use the Site. By accessing the Site, you acknowledge and agree to the disclaimers and all other limitations and disclosures.
III. No Warranty; Limitation of Remedies
Simpler Trading does not guarantee that you will be able to access or use the Services at times or locations of your choosing, or that Simpler Trading will have adequate capacity for the Services as a whole or in any specific geographical location. The Service is anticipated to be down or unavailable at certain times for maintenance, updates, and / or other causes.
WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF OUR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE.
WE DO NOT WARRANT THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE. YOU AGREE THAT FROM TIME TO TIME WE MAY REMOVE OR MODIFY THE SERVICES, IN WHOLE OR IN PART, FOR INDEFINITE PERIODS OF TIME OR CANCEL THE SERVICES AT ANY TIME, WITHOUT NOTICE TO YOU.
YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SERVICES IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, THE SITE IS PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS, FOR USE AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, SIMPLER TRADING DISCLAIMS ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, IN CONNECTION WITH THE SITE WITH WHICH IT IS LINKED. SIMPLER TRADING DOES NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR SECURE, THAT IT WILL BE AVAILABLE AT ANY PARTICULAR TIME, FREE OF INACCURACIES, ERRORS, OMISSIONS, VIRUSES OR OTHER HARMFUL COMPONENTS, OR WILL BE CORRECTED IF FOUND TO BE DEFECTIVE. WE RESERVE THE RIGHT TO MODIFY AND/OR DISCONTINUE THE SITE, IN WHOLE OR IN PART, OR ACCESS THERETO, AT ANY TIME WITHOUT NOTICE. TO THE EXTENT THAT YOU COMMUNICATE WITH A SIMPLER TRADING REPRESENTATIVE THROUGH ANY SOURCE, THE STATEMENTS AND PROMISES MADE OR ACTIONS TAKEN BY THEM SHALL NOT LIMIT OR OTHERWISE MODIFY THIS DISCLAIMER AND, BY INCORPORATION, THE TERMS. THE TERMS APPLY TO ANY INFORMATION PROVIDED TO YOU THROUGH SUCH SOURCES.
SIMPLER TRADING DOES NOT WARRANT THAT THE SITE OR THE SERVERS THAT MAKE THE SITE AVAILABLE WILL WORK WITH ANY PARTICULAR HARDWARE OR SOFTWARE SYSTEMS OR CONFIGURATIONS.
SOME JURISDICTIONS MAY NOT ALLOW DISCLAIMERS OF IMPLIED WARRANTIES AND THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU TO THE EXTENT PROHIBITED.
IN NO CASE SHALL SIMPLE TRADING, OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS OR LICENSORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICES OR ANY PRODUCTS PROCURED USING THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICES OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. IN THE EVENT YOU ARE DISSATISFIED WITH THE SITE OR SERVICES YOUR SOLE AND EXCLUSIVE REMEDY IS TO TERMINATE YOUR USE OF THE SITE AND SERVICES AND DECLINE TO RENEW ANY CONTINUED SUBSCRPTION / MEMBERSHIP OR AGREEMENT FOR FUTURE ACCESS TO THE SERVICES.
SIMPLER TRADING WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS RESULTING FROM A CAUSE OVER WHICH SIMPLER TRADING DOES NOT HAVE DIRECT CONTROL. THIS INCLUDES FAILURE OF ELECTRONIC OR MECHANICAL EQUIPMENT OR COMMUNICATIONS LINES (INCLUDING TELEPHONE, CABLE, AND INTERNET), UNAUTHORIZED ACCESS, VIRUSES, THEFT, OPERATOR ERRORS, SEVERE OR EXTRAORDINARY WEATHER (INCLUDING FLOOD, EARTHQUAKE, OR OTHER ACT OF GOD), FIRE, WAR, INSURRECTION, TERRORIST ACT, RIOT, LABOR DISPUTE AND OTHER LABOR PROBLEMS, ACCIDENT, EMERGENCY OR ACTION OF GOVERNMENT.
The Site contains both free content and paid content. One way paid content is offered is in the form of memberships (“Membership”), which requires payment of an annual, semi-annual, quarterly or monthly fee (“Membership Fee”). By subscribing to a Membership, you agree to the following (“Membership Rules”):
You will not share your username and/or password with any other party.
You will not reprint, republish, repost, or otherwise distribute or transmit content or images presented on this Site. If you would like to share something from the Site that does not contain a share icon, please contact [email protected] PRIOR to doing so.
You will not advertise, solicit members, trade goods or services or otherwise use or attempt to use the forum or live trading rooms for commercial purposes. Bulk-email, junk mail or spam, chain letters, private messages or repeat postings of the same message is not permitted in the forum or live trading rooms. Soliciting of members is strictly prohibited and will result in immediate termination of your Membership, without refund.
You will use your own name or username when posting to the discussion forum and trading rooms and will not impersonate or attempt to impersonate any other person(s) or entity.
You will treat other subscribers with courtesy and respect when posting messages to the discussion group. This includes, but is not limited to, refraining from vulgarity, obscenity, profanity, ethnic slurs, hate speech, or sexually explicit language that is targeted at harassing, abusing or threatening other subscribers in the discussion forum and trading rooms. Simpler Trading has the right to remove any messages or posts it deems, in its sole discretion, to be abusive, derogatory, inappropriate or adverse to the policies defined in these Terms. Please see our Trading Room Rules for more information on trading room guidelines.
By posting content on the Site or its affiliated websites, you permit Simpler Trading to display and distribute the content and use it for advertising and promotion. You grant Simpler Trading the complete, perpetual, non-exclusive right to use, modify, adapt, translate, distribute, sub-license or in any way use the content in whole or part, throughout the world, on a royalty-free basis.
Failure to abide by these Membership Rules can result in you being banned from the forum or trading rooms, your account being suspended or terminated completely, and even civil or criminal liability. Simpler Trading, at its discretion, may terminate your Membership for any reason or no reason. If Simpler Trading terminates your Membership, it will provide notice to you through the email address associated with your account and/or through any other contact information you have supplied to us.
Memberships may be canceled at any time by either party. If you wish to cancel, you may in one of the following ways:
Cancel or pause your subscription from within your dashboard. Instructions can be found
You can also call our support line at 512-266-8659 and someone from our team would be happy to help.
There are no per-rata refunds on the remainder of the monthly, quarterly or annual subscriptions, and no refunds or credits for partial monthly subscriptions.
By signing up for a Trial Offer, your credit card will automatically be charged $7.00 or the relevant trial price as advertised. If you decide that you do not want to continue and purchase a Membership, you may cancel your subscription from within your dashboard. Instructions can be found here. You can also call our support line at 512-266-8659 and someone from our team would be happy to help.
You must cancel your Trial Offer the day before the Trial Period ends. If you do not cancel by 5PM CST the day the Trial Period ends, you will automatically become an active member, and the credit card you provided will automatically be charged the Membership Fee for the Membership associated with the Trial Offer.
Trial Offers are limited to one per member unless otherwise invited via email or phone to participate in an additional Trial Offer.
Once you are an active member, your account will be renewed either monthly or for the appropriate renewal period, depending on your Membership. If you wish to cancel your Membership subscription after the Trial Period, you may do so by following the instructions in the Membership section. The Membership Fee in effect with respect to any renewal period will be the then current published rate.
- Seminar and Software
In addition to free content and Memberships, Simpler Trading provides seminars and software access for access/licensing. Seminars include classes, live seminars, and mentorships (collectively, “Seminars”). Software includes indicators and other software that may be offered by Simpler Trading (collectively, “Software”). Customers who license live seminar access are provided with a link of the recording and any materials, if applicable, following the Seminar. There are no refunds on the purchase of Seminars or Software.
VII. Refund Policy
For Members who decide to cancel their Membership pursuant to the cancellation policy defined in the Membership section, the following refund policies apply:
Monthly, Quarterly, Semi-Annual and Annual Memberships
Due to the real-time nature of our products, there are no refunds or credits of Membership Fees for partial subscriptions. Rather, the current subscription will run its course to the end of the current billing cycle, at which point the Membership would then become inactive and the account cancelled.
Seminars and Software
Due to the immediate delivery and inability to recoup these products, there are no refunds for Seminars or Software purchased through the Site.
Coupons are offered at the discretion of Simpler Trading and may be granted, refused or adjusted at any time, with or without warning. Sometimes offers and discounts are made after you have purchased a Seminar, Software, Membership or Trial. It is within Simpler Trading’s sole discretion to offer a coupon for the difference between your purchase price and the discounted price.
VIII. Modifications to Terms
You understand that the Site is an evolving one. Simpler Trading may require that you accept updates to the Site. Simpler Trading reserves the right, at our sole discretion, to change, modify, add or remove portions of the Terms, at any time, for any reason, with or without notice to you other than through this or a similar page of our website, or to do any of the following:
- Modify, suspend, limit or terminate operation of, or access to, any portion of any feature or function of the Site or your Membership and/or any of its applicable policies or terms, including hours of availability;
- Change any fees or charges that may be related to your use of the Service;
- Change the equipment, hardware or software required to access the Service;
- Interrupt the Service, or any portion of the Service, to perform routine or non-routine maintenance, error correction or other changes.
Unless otherwise stated, any changes to the Terms will be effective immediately upon notice, which Simpler Trading may provide by any means, including, without limitation, by electronic communication. It is your responsibility to review these Terms periodically for changes. Your continued use of the Services following the posting or other provision of any updated Terms will constitute your acceptance of such updated Terms and those updated Terms will apply to your continued use of the Services going forward. Your use of the Services is subject to the Terms in effect at the time of your use.
- Privacy and Communications
You consent to allow electronic communications from the Simpler Trading, including any information or notices that the Simpler Trading may be required by law to send to you or that may pertain to the Terms or your access or use of the Site. We may provide such communications to you: (1) via e-mail at the e-mail address you designated to us; (2) via “push notifications” to your mobile device; (3) by access to the Site that will generally be designated in advance for such purpose or designated in an e-mail notice to you; (4) any messaging or chat application for computer or mobile device of your choosing; (5) in the course of your use of the Site; and/or (6) through any other contact information or mechanism you provide to us.
Notwithstanding any current or prior election to opt in or opt out of receiving telemarketing calls or SMS messages (including text messages), where data rates may apply, from the Simpler Trading, our agents, representatives, affiliates, or anyone calling on our behalf, you expressly consent to be contacted by the Simpler Trading, our agents, representatives, affiliates, or anyone calling on our behalf for any and all purposes arising out of or relating to the Simpler Trading, any products or services offered by the Simpler Trading, these Terms, or the Site, at any telephone number, or physical or electronic address you provide or at which you may be reached. You agree that we may contact you in any way, including SMS messages (including text messages), where data rates may apply, calls using prerecorded messages or artificial voice, and calls and messages delivered using auto telephone dialing system or an automatic texting system. Automated messages may be played when the telephone is answered, whether by you or someone else. In the event that an agent or representative calls, he or she may also leave a message on your answering machine, voice mail, or send one via text message. You consent to receive SMS messages (including text messages), where data rates may apply, calls and messages (including prerecorded and artificial voice and autodialed) from us, our agents, representatives, affiliates or anyone calling on our behalf at the specific number(s) you have provided to us, or numbers we can reasonably associate with your account (through skip trace, caller ID capture or other means), with information or questions. You certify, warrant and represent that the telephone numbers that you have provided to us are your own contact numbers. You represent that you are permitted to receive calls at each of the telephone / contact numbers you have provided to us. You agree to promptly alert us whenever you stop using a particular telephone number. Your cellular or mobile telephone provider will charge you according to the type of plan you carry and data rates may apply. You also agree that we may contact you by e-mail, using any email address you have provided to us or that you provide to us in the future. We may listen to and/or record phone calls between you and our representatives without notice to you as permitted by applicable law. For example, we may listen to and record calls for quality monitoring purposes.
- Intellectual Property
All content offered by Simpler Trading on the Site, including, but not limited to, the free materials and content, Membership materials and content, seminars, software, any resources you receive through a representative of Simpler Trading, and all logos, slogans, and taglines (collectively and individually, the “Content”), are protected by trademark and copyright laws and are owned by Simpler Trading and/or our third party licensors.
You may not modify, publish, transmit, transfer, sell, reproduce, upload, post, perform, display, create derivative works from, or in any way exploit such Content or distribute it in any way to any other computer, server, website or other medium for publication or distribution or for any commercial purpose, except as Simpler Trading expressly permits in these Terms. Making unauthorized copies of the Content may result in the termination of your Account, prohibition to use the Site, and further legal action. All Content is licensed as described in these Terms and not sold.
Simpler Trading is CAN-SPAM compliant, which allows for you to request we stop sending you emails. Our emails contain “unsubscribe” options, which you may use to stop receiving emails from Simpler Trading. If you have any issues unsubscribing from our emails, please contact [email protected].
You agree to indemnify, defend and hold Simpler Trading, its subsidiaries, affiliates, officers and employees harmless from any claims, losses, damages, costs, and expenses, including reasonable attorneys’ and experts’ fees and costs, arising from or related to your use or misuse of the Services, including information made available to you through this Site or the breach of these Terms. In addition, you agree to indemnify, defend and hold Simpler Trading, its subsidiaries, affiliates, officers and employees harmless for any act resulting directly or indirectly from this Site, its data, content, materials, associated pages and documents. You also agree to cooperate fully as reasonably required in the defense of any claim.
XIII. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, SIMPLER TRADING IS NOT LIABLE FOR DAMAGES, LOSSES AND EXPENSES OF WHATEVER NATURE AND HOWEVER ARISING, INCLUDING WITHOUT LIMITATION DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, LOSSES OR EXPENSES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF INVESTMENTS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSS, ARISING IN CONNECTION WITH THIS SITE OR USE THEREOF OR INABILITY TO USE BY ANY PARTY, OR IN CONNECTION WITH ANY FAILURE OR PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OF SYSTEM FAILURE, EVEN IF THE SIMPLER TRADING OR ITS REPRESENTATIVES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES. ACCESS HYPERLINKS TO OR FROM OTHER INTERNET RESOURCES AT YOUR OWN RISK AND IT IS YOUR RESPONSIBILITY TO TAKE ALL PROTECTIVE MEASURES TO GUARD AGAINST VIRUSES OR OTHER DESTRUCTIVE ELEMENTS; THE CONTENT, ACCURACY, OPINIONS EXPRESSED AND OTHER LINKS PROVIDED BY THESE RESOURCES ARE NOT ENDORSED BY SIMPLER TRADING. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY, OR ANY OTHER BASIS. SIMPLER TRADING SHALL NOT BE LIABLE FOR ANY DELAY OR FAILURE TO PERFORM RESULTING FROM CAUSES OUTSIDE THE REASONABLE CONTROL OF SIMPLER TRADING, INCLUDING WITHOUT LIMITATION ANY FAILURE TO PERFORM HEREUNDER DUE TO UNFORESEEN CIRCUMSTANCES OR CAUSE BEYOND SIMPLER TRADING’S CONTROL, INCLUDING ACTS OF GOD, WAR, TERRORISM, RIOTS, EMBARGOES, ACTS OF CIVIL OR MILITARY AUTHORITIES, FIRE, FLOODS, ACCIDENTS, NETWORK INFRASTRUCTURE FAILURES, STRIKES, OR SHORTAGES OF TRANSPORTATION FACILITIES, FUEL, ENERGY, LABOR OR MATERIALS.
YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICE OR INFORMATION ON THE SITE OR PROVIDED IN THE SERVICE IS TO STOP USING THE SERVICE.
IN THE EVENT THAT THE FOREGOING DISCLAIMER OF LIABILITY IS HELD TO BE INVALID OR UNENFORCEABLE, YOU AGREE THAT THE MAXIMUM CUMULATIVE AGGREGATE LIABILITY OF THE SIMPLER TRADING TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE AND STRICT LIABILITY), OR OTHERWISE) AT ANY TIME SHALL BE THE LESSER OF $100 OR THE AGGREGATE CUMULATIVE AMOUNT PAID BY YOU TO SIMPLER TRADING UP TO AND INCLUDING THE TIME OF THE INCURRENCE OF SUCH LIABILITY, IF ANY, TO ACCESS THE SERVICE. YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OR THE CAUSE OF ACTION IS PERMANENTLY BARRED.
XIV. Termination and Survival
If you wish to terminate your Membership, you may do so from within your dashboard. Instructions can be found here. You can also call our support line at 512-266-8659 and someone from our team would be happy to help.
Upon our acceptance of your request, your account will be deleted (except for that information that we are required to keep in compliance of any applicable laws).
- Governing Law
Simpler Trading administers and operates the Site from Austin, Texas. Subject to Section I, the Federal Arbitration Act, applicable federal law, and the laws of the state of Texas, without regard to principles of conflict of laws, will govern these Terms and any dispute of any sort that might arise between you and the Simpler Trading.
XVI. Entire Agreement
These Terms (including all agreements and policies referenced herein) constitute the entire agreement between you and Simpler Trading with regard to your use of the Service, and any and all other written or oral agreements or understandings previously existing between you and Simpler Trading with respect to such use are hereby superseded and cancelled. Simpler Trading will not accept any counteroffers to these Terms, and all such offers are hereby categorically rejected. Your use of the Service is not intended and shall not be deemed to create any agency, joint venture, or other legal relationship of any kind between you and Simpler Trading other than that of independent contractors. These Terms may not be assigned by you. Simpler Trading may assign its rights and responsibilities under these Terms, in whole or in part, at any time.
Simpler Trading’s failure to insist on or enforce strict performance of these Terms shall not be construed as a waiver by Simpler Trading of any provision or any right it has to enforce these Terms, nor shall any course of conduct between Simpler Trading and you or any other party be deemed to modify any provision of these Terms. These Terms shall not be interpreted or construed to confer any rights or remedies on any third parties.
If any provision of these Terms, or portion thereof, is found to be illegal, void or unenforceable, then: (i) such provision (or portion thereof as applicable) will be deemed to be restated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law, and (ii) the remaining terms, provisions, covenants and restrictions of these Terms will remain in full force and effect. Notwithstanding the foregoing, if any provision of these Terms, or portion thereof, which is held null, void or otherwise ineffective or invalid by a court of competent jurisdiction cannot be restated by such court to reflect as nearly as possible the original intentions of the parties, then that provision shall be deemed severable from these Terms.
If you have any questions relating to the Service or Membership, they can be sent to the attention of our Customer Service by email to [email protected]. The publication of electronic mail addresses is to facilitate communications relating to the use of the Service and does not imply consent by us to receiving unsolicited commercial electronic messages.
8911 North Capital of Texas Hwy
Suite 4200 #1005
Austin, TX 78732
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