OilDayTraders.com Terms and Conditions
1. YOUR RELATIONSHIP WITH OilDayTraders.com
2. ACCEPTING THE AGREEMENT
BY ACCEPTING THIS AGREEMENT, YOU AUTHORIZE Jericho Trading, LLC. (“OilDayTraders.com”) TO ACT AS YOUR LIMITED AGENT FOR THE SOLE PURPOSE OF LEARNING DAY TRADING, OBTAINING CONSULTING OR COACHING SERVICES OR TRADING YOUR ACCOUNTS, TRANSACTION ORIGINATION AND DELIVERY THROUGH AN INDEPENDENT AND DIRECT INTERFACE WITH THE OilDayTraders.com DAY TRADING SYSTEM.
IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY, ITS AFFILIATES, AND ALL USERS WHO ACCESS OUR SERVICES THROUGH YOUR ACCOUNT TO THESE TERMS AND CONDITIONS, IN WHICH CASE THE TERMS “YOU” OR “YOUR” SHALL REFER TO SUCH ENTITY, ITS AFFILIATES, AND USERS ASSOCIATED WITH IT. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU MUST NOT ACCEPT THIS AGREEMENT AND MAY NOT USE THE SERVICES.
If OilDayTraders.com makes material changes to the Agreement, we will notify you by email before the changes are effective. Any new features that augment or enhance the current Platform, including the release of new tools or resources, shall be subject to the Agreement. Continued use of the Platform after any such changes shall constitute your consent to such changes.
VIOLATION OF ANY OF THE TERMS BELOW WILL RESULT IN THE TERMINATION OF YOUR ACCOUNT.
You may not use the Platform and may not accept the Agreement if you are not of legal age to form a contract with OilDayTraders.com, or you are a person or entity barred from receiving Services under the laws of the United States or other countries including the country in which you or from which You use the Services.
You must be a human. Accounts registered by ”bots” or other automated methods are not permitted.
You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright or trademark laws).
3. DESCRIPTION OF THE PLATFORM
The Platform is an EDUCATIONAL platform and not a licensed financial platform. Registered users of the Platform can send, receive, and back up content (“Content”), which will be stored by OilDayTraders.com. Content created or uploaded to OilDayTraders.com will be made available on end clients or Services associated with the Platform. Content available on OilDayTraders.com can be shared with other registered users or non-registered users at your discretion. Content will be made available for full download for all Services and Platforms at a mutually agreeable time which shall be no less than monthly via the OilDayTraders.com API or other mutually agreed upon method.
4. PAYMENTS, REFUNDS, UPGRADING, AND DOWNGRADING TERMS
Pay-As-You-Go Trial Programs shall be at no cost for 30 days. After the 30-day Trial, you can terminate this agreement without penalty or charges.
Services are billed in advance on a monthly basis and are non-refundable unless the service is not functioning as represented, in which case a refund may be requested on a pro-rated basis.
All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes.
Failure to make payment per the terms of your agreement may cause the loss of content, features, or capacity of your Account. OilDayTraders.com does not accept any liability for such losses. If the account remains in suspension for more than 30 days it will be considered abandoned and all services (including virtual numbers) will be deleted
You have seven (7) days to dispute any charges on your account. After seven days, all charges will be deemed correct and valid.
If you issue a credit card charge-back for any reason, your account will be suspended until the reason for charge-back can be investigated and a response issued to your bank. OilDayTraders.com reserves the right to remove credit card payment as an option for your account if a charge-back is issued regardless of the outcome.
5. CANCELLATION AND TERMINATION
You are solely responsible for properly canceling your Account. An email is required to cancel your Account. You may cancel your Account no fewer than 30 days before the end of your contract term, by sending email to support@OilDayTraders.com. Payments for the balance of your contracted term must be paid in full before the cancellation will go into effect.
Upon cancellation or termination of this Agreement or an Account, the parties will make reasonable efforts to transfer all Content to you at a mutually agreeable time and location managed by you via the OilDayTraders.com API or other mutually agreed upon method. Following this transfer, all your Content will be immediately deleted from the Service. This information cannot be restored in the future if you choose to register for the Service in the future.
OilDayTraders.com shall not be liable to you or to any third party due to your Account being canceled or terminated, including Accounts terminated by OilDayTraders.com due to violation of the Agreement.
6. MODIFICATIONS TO THE SERVICE AND PRICES
Prices of all Services, including but not limited to education courses and monthly subscription plans, are subject to change upon mutual agreement of the Parties.
OilDayTraders.com shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
7. COPYRIGHT AND CONTENT OWNERSHIP
OilDayTraders.com is a service mark of Jericho Trading, LLC..
Unless you have agreed otherwise in writing with OilDayTraders.com, you may not use any of OilDayTraders.com trade names, trademarks, service marks, logos, icons, images, domain names, and other distinctive brand features.
We claim no copyright or intellectual property rights over the Content uploaded or created by you within the Service.
8. ACCOUNT LEVEL SECURITY
You agree and understand that you are responsible for maintaining the confidentiality of your OilDayTraders.com passwords.
If you become aware of any unauthorized use of your password or of your account, you agree to notify OilDayTraders.com immediately at support@OilDayTraders.com
10. EXCLUSION OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND AND OilDayTraders.com HEREBY DISCLAIMS ALL WARRANTIES EITHER EXPRESSED OR IMPLIED
OilDayTraders.com DOESN’T REPRESENT OR WARRANT TO YOU THAT (A) YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS, (B) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, EXCEPT THAT IF SERVICE IS UNAVAILABLE FOR 120 CONSECUTIVE HOURS DURING THE TERM OF THIS AGREEMENT, YOU MAY TERMINATE THIS AGREEMENT AND OilDayTraders.com SHALL REFUND AN AMOUNT EQUAL TO YOUR MOST RECENT MONTHLY SUBSCRIPTION AMOUNT (C) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE.
11. LIMITATION OF LIABILITY
OilDayTraders.com SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER, CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS; YOUR FAILURE TO PROVIDE OilDayTraders.com WITH ACCURATE ACCOUNT INFORMATION; YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL.
12. GENERAL CONDITIONS
OilDayTraders.com continuously makes changes to the Platform in order to provide the best possible experience for its users. You accept and agree that the form and nature of the Services which OilDayTraders.com provides may change without prior notice. Continued use of the Platform after any such changes shall constitute your consent to such changes.
As part of this constant innovation, OilDayTraders.com may stop providing any features within the Services to you or to users at the sole discretion of OilDayTraders.com, but OilDayTraders.com will provide notice to you of said changes in a timely manner prior to promoting the changes to production.
In order to access certain Services or use them on an ongoing basis, you may be required to provide information about yourself (such as mobile number or contact details) as part of the registration process for the Service, or as part of your continued use of the Platform. You agree that any registration information you give to OilDayTraders.com will always be accurate, correct and up-to-date. Failure to provide the correct information shall result in account deactivation.
You agree not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by OilDayTraders.com, unless you have been specifically allowed to do so in a separate agreement with OilDayTraders.com. You specifically agree not to access (or attempt to access) any of the Services through any automated means (including use of any scripts, web crawlers, spiders, robots, site/search retrieval application) especially for the creation of user accounts.
There are currently no limits to the number of transactions (i.e. purchases, trades, etc.) performed through the OilDayTraders.com Services or in the amount of storage space used for the provision of any Service. You accept and agree that limits may be set at any time, at the discretion of OilDayTraders.com, but OilDayTraders.com will provide notice of limitations set on transactions in a timely manner prior to promoting the changes to production.
There is an enforced “Anti-SPAM Policy” that you must adhere to and accept by agreeing to the Terms of Service. The FCC and TCPA policy, rules, and laws regarding marketing spam will be strictly enforced.
If membership access limits set by OilDayTraders.com, are deemed by you to be unacceptable because the limits do not allow you to use the Services for the purposes intended in this original contract, you may upgrade your current monthly subscription to reflect a more accurate limit as you see fit, or you may terminate this agreement no fewer than 30 days following your most recent subscription date.
There is an enforced License Agreement you must adhere to and accept by agreeing to the Terms of Service.
Trades shall be deemed to have been completed when OilDayTraders.com delivers the transaction information to the immediate destination, including telephone networks or any other intermediary server/API that is designated as the point of delivery for placing trades. OilDayTraders.com does not guarantee completion of transactions by third-party trade transaction providers integrated for such purposes.
Although OilDayTraders.com provides extensive trade coverage including all major U.S. oil trading exchanges, OilDayTraders.com makes no guarantees to the transaction authorities ability to deliver trades to all brokers.
Your use of the Service is at your sole risk. The Service is provided on an “as is” and “as available” basis.
You agree that you will not engage in any activity that interferes with, disrupts, damages, impairs, or disables the Services (or the servers and networks which are connected to the Services).
You understand that OilDayTraders.com uses third-party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
You agree not to harass or advocate harassment of another person or entity. You agree to never impersonate any person or entity or misrepresent in any way your affiliation with a person or entity. You agree to never send text messages to unknown mobile numbers or to mass text unsolicited persons.
Verbal, physical, written or other abuse (including threats of abuse or retribution) of any OilDayTraders.com customer, employee, or member will result in immediate account termination.
You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You understand that OilDayTraders.com education Services act only as a Platform for users to send practice trading and that OilDayTraders.com does not itself verify the transactions sent by users or trades received by users. OilDayTraders.com cannot and does not assume responsibility for the accuracy, completeness, safety, reliability, timeliness, legality or applicability of any transaction made for or received by any user. Trade at your own risk.
Unless you have been specifically permitted to do so in a separate agreement with OilDayTraders.com, you agree that you will not modify, adapt, reverse engineer, reproduce, duplicate, copy, sell, trade or resell the Services for any purpose.
You expressly understand and agree that OilDayTraders.com shall not be liable for any indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if OilDayTraders.com has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or transactions conducted or transactions entered into through or from the service; (iii) unauthorized access to or alteration of Your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to the service.
You agree that you are solely responsible for (and that OilDayTraders.com has no responsibility to you or to any third party for) any breach of your obligations under the Terms of Service and for the consequences (including any loss or damage which OilDayTraders.com may suffer) of any such breach.
If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.
The parties’ rights and obligations will bind and inure to the benefit of their respective successors, heirs, executors, and administrators and permitted assigns. Any attempted assignment of your rights or delegation of your obligations will be void without the prior written consent of OilDayTraders.com. This Agreement is governed by the laws of the State of California, excluding conflicts of laws principles. This Agreement constitutes the parties’ final, exclusive and complete understanding and agreement with respect to the subject matter hereof and supersedes all prior and contemporaneous understandings and agreements relating to its subject matter. Any waiver, modification or amendment of any provision of this Agreement shall be effective only if in writing and signed by the parties to this Agreement. Any notices required or permitted hereunder shall be given to the appropriate party at the address specified below or at such other address as the party shall specify in writing. Such notice shall be deemed given upon personal delivery, or sent by certified or registered mail, postage prepaid, three (3) days after the date of mailing.