[ssba_hide]
Web Site Terms and Conditions of Use
This web page represents a legal document that serves as our Terms of Use and it governs the legal terms of our website, http://positivesumtrading.com, sub-domains, and any associated web-based and mobile applications (collectively, “Website”), as owned and operated by Positive Sum Trading.
Capitalized terms, unless otherwise defined, have the meaning specified within the Definitions section below. This Terms of Use, along with our Privacy Policy, any mobile license agreement, and other posted guidelines within our Website, collectively “Legal Terms”, constitute the entire and only agreement between you and Positive Sum Trading, and supersede all other agreements, representations, warranties and understandings with respect to our Website and the subject matter contained herein. We may amend our Legal Terms at any time without specific notice to you. The latest copies of our Legal Terms will be posted on our Website, and you should review all Legal Terms prior to using our Website. After any revisions to our Legal Terms are posted, you agree to be bound to any such changes to them. Therefore, it is important for you to periodically review our Legal Terms to make sure you still agree to them.
By using our Website, you agree to fully comply with and be bound by our Legal Terms. Please review them carefully. If you do not accept our Legal Terms, do not access and use our Website. If you have already accessed our Website and do not accept our Legal Terms, you should immediately discontinue use of our Website.
Legal Compliance
You agree to comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of our Website. Positive Sum Trading reserves the right to investigate complaints or reported violations of our Legal Terms and to take any action we deem appropriate, including but not limited to canceling your Member account, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses and traffic information, as allowed under our Privacy Policy.
Terms
Please read these Terms and Conditions (“Agreement”, “Terms and Conditions”) carefully before using http://PositiveSumTrading.com (“the Site”) operated by Positive Sum Trading (“us”, “we”, or “our”). This Agreement sets forth the legally binding terms and conditions for your use of the Site at http://PositiveSumTrading.com.
The terms “us” or “we” or “our” refers to Positive Sum Trading, the owner of the Website.
A “Visitor” is someone who merely browses our Website, but has not registered as Member.
A “Member” is an individual that has registered with us to use our Service.
Our “Service” represents the collective functionality and features as offered through our Website to our Members.
A “User” is a collective identifier that refers to either a Visitor or a Member.
All text, information, graphics, audio, video, and data offered through our Website are collectively known as our “Content”.
Use License
The website and all material on this website; its contents are owned or licensed by the website. Material contained on the website must be presumed to be proprietary and copyrighted. Visitors have no rights whatsoever in the site content. Use of website content for any reason is unlawful unless it is done with express contract or permission of the website. We retain ownership to the copyright in this website and all material from this website unless otherwise indicated.
Our Website may contain our service marks or trademarks as well as those of our affiliates or other companies, in the form of words, graphics, and logos. Your use of our Website does not constitute any right or license for you to use such service marks/trademarks, without the prior written permission of the corresponding service mark/trademark owner. Our Website is also protected under international copyright laws. The copying, redistribution, use or publication by you of any portion of our Website is strictly prohibited. Your use of our Website does not grant you ownership rights of any kind in our Website.
- Permission is granted to temporarily download one copy of the materials (information or software) on Positive Sum Trading’s web site for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
- modify or copy the materials;
- use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
- attempt to decompile or reverse engineer any software contained on Positive Sum Trading’s web site;
- remove any copyright or other proprietary notations from the materials; or
- transfer the materials to another person or “mirror” the materials on any other server.
- This license shall automatically terminate if you violate any of these restrictions and may be terminated by Positive Sum Trading at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
Hyperlinking To Site, Co-Branding, “FRAMING” And Referencing Site Prohibited
Unless expressly authorized by this website, no one may hyperlink this site, or portions thereof, (including, but not limited to, logotypes, trademarks, branding or copyrighted material) to theirs for any reason. Further, you are not allowed to ‘frame’ the site. You specifically agree to cooperate with the Website to remove or de-activate any such activities and be liable for all damages.
We have not reviewed any or all of the websites linked to the Positive Sum Trading website and are not responsible for any websites linked to this Website. Your linking to any websites from Positive Sum Trading website is at your own risk. By linking to a website or permitting a link to this Website, we do not endorse the website operator or the content of the linked website.
Indemnification
Visitor agrees that in the event he causes damage, which the Website is required to pay for, the Visitor, as a condition of viewing, promises to reimburse the Website for all.
You agree to indemnify, defend, and hold harmless this Website, its subsidiaries, officers, directors, employees, and agents from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, related to or resulting from any violation of these Terms of Use or use of PositiveSumTrading.com by you or any other person accessing PositiveSumTrading.com using your Internet account.
Submissions
Visitor agrees as a condition of viewing, that any communication between Visitor and Website is deemed a submission. All submissions, including portions thereof, graphics contained thereon, or any of the content of the submission, shall become the exclusive property of the Website and may be used, without further permission, for commercial use without additional consideration of any kind. Visitor agrees to only communicate that information to the Website, which it wishes to forever allow the Website to use in any manner as it sees fit.
By using Positive Sum Trading either by submissions, website, forum discussions, emails sent and received, word of mouth, mentioning Positive Sum Trading in any way, format, medium, or thought you are solely responsible and you guarantee that any comments, statements, or information you may provide is free of any non-public information or other information that can be viewed as “insider information”. Positive Sum Trading is not responsible and does not in any way verify or filter any information, communications, advertisements, from any of its users, affiliates, owners, moderators, contributors or anyone using the site from containing non-public information that could be considered “insider information”. Positive Sum Trading cannot guarantee nor does it warranty against any damage incurred by the user for using “insider information” that may be obtained from the site. Positive Sum Trading does not condone “insider trading”. Positive Sum Trading does not tolerate any communications that appear to contain “insider information”. If Positive Sum Trading feels that a post or communication contains such information the proper authorities in the United States or applicable regulatory agency will be notified. If “insider information” makes its way onto any of Positive Sum Trading’s communications, web sites, advertisements, software or web site, it is not responsible for any legal damages, personal consequences, or any results from your use of the information.
Disclaimer
The materials on Positive Sum Trading’s web site are provided “as is”. Positive Sum Trading makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Positive Sum Trading does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.
Content Disclaimer
The website disclaims any responsibility for the accuracy of the content of this website. Visitors assume the all risk of viewing, reading, using, or relying upon this information. Unless you have otherwise formed an express contract to the contrary with the website, you have no right to rely on any information contained herein as accurate. The website makes no such warranty. We assume no liability or responsibility for any errors or omissions on this Website.
No Legal or Tax Advice
Information provided by Positive Sum Trading, whether broadcast, written, communicated electronically is not intended and does not constitute tax, legal or investment advice or a recommendation. You should obtain such advice from your professional advisors.
No Fiduciary Responsibility
The decision to trade, invest and the types of securities used for those purpose of investing and or trading always involves substantial, explicit, and implicit risks. You must understand the risks involved and if necessary seek authorized, and licensed independent financial advice before entering into any trading or investment decision.
This website or any communications generated by it or through it, including but not limited to e-mails, comments, replies, posts, pages by any user, moderator, contributor, advertiser, nor internet links to outside third parties does not constitute recommendations or specific investment advice pertaining to your individual financial circumstances or investment needs. All material, downloads, software, and communications are for educational purposes only.
Positive Sum Trading provides content in written, electronic, software, audio and visual mediums to consumers for the sole purpose of education and entertainment.
Positive Sum Trading is not a registered broker-dealer or a registered investment adviser or a financial advisor. Positive Sum Trading does not effect transactions in securities or engage in other broker-dealer activities. Positive Sum Trading does not give investment advice or advise anyone on the value of securities or other investment instruments. Positive Sum Trading does not recommend trades or transactions in securities, commodities, futures, foreign exchange or other financial instruments. Positive Sum Trading does not direct client commodity accounts or give commodity trading advice tailored to any particular investor’s situation.
Although Positive Sum Trading generates content consisting solely of educational and informational material for the sole purpose of education and information, some of the content may appear to be investment-related information. This information is based on review of current opinions and viewpoints in the marketplace and statistical and financial data and independent research obtained from various sources. Investment-related information produced by and or through Positive Sum Trading is for educational and informational purposes only, and no trade ideas or other references made to a
particular security is a recommendation to buy, sell, or hold that or any other security, any portfolio of securities, or to affect any transaction or any investment strategy. None of the information provided and or communicated is tailored to your investment needs or the investment needs of any particular person or entity. Positive Sum Trading, its related entities, contributors, moderators, commentators, advertisers, and affiliates does not guarantee that following any of the information provided would result in profitable investment activities. Positive Sum Trading does not provide any warranties nor guarantees the accurateness, completeness or adequacy of the information found in any of its content or communications, the information included on this site or the information contained on sites linked to the site.
Your use of information on our site or materials linked to our site is entirely at your own
Risk.
Ownership of Securities – Positions Disclosure
Contributors, moderators, commentators, employees, contractors, owners, advertisers, and others connected with Positive Sum Trading may hold positions in the equities, options, bonds, securities and/or futures, foreign exchange positions, or other registered or unregistered forms of investments mentioned in any content associated with Positive Sum Trading.
Speculative Statements
Any post, communication, internet broadcast, e-mail correspondence, statements made on the site, may contain speculative statements. Speculative statements may be identified by, among other things, the use of forward-looking terminology such as: “believes,” “expects,” “may,” “will,” “should,” “expects,” “anticipates,” “plans,” “intends,” “estimates,” or the negative thereof or other similar terms, or by language used in discussions, communications or trade ideas that involve substantial risks and uncertainties. There are a variety of risks and uncertainties that may cause actual outcomes to differ from the initial speculative statements. Positive Sum Trading assumes no obligation to update any speculative statements, whether as a result of new information, future events or otherwise, and such statements are current only as of the date they are made.
Disclaimer For Harm Caused To Your Computer Or Software From Interacting With This Website Or Its Contents. Visitor Assumes All Risk Of Viruses, Worms, Or Other Corrupting Factors.
Your use of this Website and material from this Website is at your own risk.
PositiveSumTrading.com strives to provide accurate and up-to-date material; however, we make no warranties or representations as to the accuracy or timeliness of the material provided on this Website. We assume no liability or responsibility for any errors or omissions on this Website.
Neither this Website, any of its agents, nor any other party involved in creating, producing, or delivering this Website is liable for any direct, incidental, consequential, indirect, or punitive damages arising out of your access to, or use of, this Website or any material from this Website. Without limiting the foregoing, this Website and the material provided on this Website are provided;
“AS IS” without warranty of any kind either expressed or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or noninfringement.
Some jurisdictions may not allow the exclusion of implied warranties, so this statement may not apply to you.
The website assumes no responsibility for damage to computers or software of the visitor or any person the visitor subsequently communicates with from corrupting code or data that is inadvertently passed to the visitor’s computer. Again, visitor views and interacts with this site, or banners or pop-ups or advertising displayed thereon, at his own risk.
Disclaimer For Harm Caused By Downloads
Visitor downloads information from this site at this own risk. Website makes no warranty that downloads are free of corrupting computer codes, including, but not limited to, viruses and worms.
PositiveSumTrading.com assumes no liability or responsibility for any damage to you, your computer, or other property, due to your access to, use of, or downloading of this Website or any materials provided on this Website.
Limitations
In no event shall Positive Sum Trading or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on Positive Sum Trading’s Internet site, even if Positive Sum Trading or a Positive Sum Trading authorized representative has been notified orally or in writing of the possibility of such damage.
By viewing, using, or interacting in any manner with this site, including banners, advertising, or pop-ups, downloads, and as a condition of the website to allow his lawful viewing, Visitor forever waives all right to claims of damage of any and all description based on any causal factor resulting in any possible harm, no matter how heinous or extensive, whether physical or emotional, foreseeable or unforeseeable, whether personal or business in nature.
By viewing this site you agree to hold Positive Sum Trading, its parent, subsidiary corporations, and affiliates harmless from all information provided in any and all communication mediums, and in any and all content and materials provided. You understand and agree that, to the fullest extent permissible by law, Positive Sum Trading, any of its affiliates, or its respective successors and assigns, or any of its respective officers, directors, employees, agents, representatives, licensors, operational service providers, advertisers, or suppliers, shall not be liable for any loss or damage, of any kind, direct or indirect, in connection with or arising from use of educational services provided as part of the website, or any communications provided including, but not limited to, compensatory, consequential, incidental, indirect, special or punitive damages.
By viewing, using, or interacting in any manner with this site, including banners, advertising, or pop-ups, downloads, e-mails sent and received you forever waive all all right to claims of damage of any and all description based on any causal factor resulting in any possible harm, no matter how heinous or extensive, whether financial, technical, physical or emotional, foreseeable or unforeseeable, whether personal or business in nature. You agree that use of this site is at your sole risk.
Revisions and Errata
The materials appearing on Positive Sum Trading’s web site could include technical, typographical, or photographic errors. Positive Sum Trading does not warrant that any of the materials on its web site are accurate, complete, or current. Positive Sum Trading may make changes to the materials contained on its web site at any time without notice. Positive Sum Trading does not, however, make any commitment to update the materials.
Links
Our Website may contain links to third party websites. These links are provided solely as a convenience to you. By linking to these websites, we do not create or have an affiliation with, or sponsor such third party websites. The inclusion of links within our Website does not constitute any endorsement, guarantee, warranty, or recommendation of such third party websites. Positive Sum Trading has no control over the legal documents and privacy practices of third party websites; as such, you access any such third party websites at your own risk.
Positive Sum Trading has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party sites or services. We strongly advise you to read the terms and conditions and privacy policy of any third-party site that you visit.
Positive Sum Trading has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Positive Sum Trading of the site. Use of any such linked web site is at the user’s own risk.
Site Terms of Use Modifications
We reserve the right, at our sole discretion, to modify or replace these Terms and Conditions by posting the updated terms on the Site. Your continued use of the Site after any such changes constitutes your acceptance of the new Terms and Conditions.
Please review this Agreement periodically for changes. If you do not agree to any of this Agreement or any changes to this Agreement, do not use, access or continue to access the Site or discontinue any use of the Site immediately.
Positive Sum Trading may revise these terms of use for its web site at any time without notice. By using this web site you are agreeing to be bound by the then current version of these Terms and Conditions of Use.
Termination
We may terminate your access to the Site, without cause or notice, which may result in the forfeiture and destruction of all information associated with you. All provisions of this Agreement that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
Governing Law
Any claim relating to Positive Sum Trading’s web site shall be governed by the laws of the State of New York without regard to its conflict of law provisions.
General Terms
Our Legal Terms shall be treated as though it were executed and performed in New York, United States and shall be governed by and construed in accordance with the laws of New York, United States without regard to conflict of law principles. In addition, you agree to submit to the personal jurisdiction and venue of such courts. Any cause of action by you with respect to our Website, must be instituted within one (1) year after the cause of action arose or be forever waived and barred. Should any part of our Legal Terms be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that any Content in our Website conflicts or is inconsistent with our Legal Terms, our Legal Terms shall take precedence. Our failure to enforce any provision of our Legal Terms shall not be deemed a waiver of such provision nor of the right to enforce such provision. The rights of Positive Sum Trading under our Legal Terms shall survive the termination of our Legal Terms.