TERMS AND CONDITIONS OF
These Terms and Conditions of www.PeakCapitalTrading.com (the “Terms and Conditions”), are made effective immediately (the “Effective Date”) by Peak Capital Trading (“The Company”).
By accessing and using www.PeakCapitalTrading.com (the “Site”), you affirm that you have received, read, understood, and agreed to be bound by these Terms and Conditions, and any and all subsequent amendments or modifications thereto. IF YOU DO NOT AGREE WITH ANY PROVISION OF THESE TERMS AND CONDITIONS, YOU MUST EXIT THE SITE IMMEDIATELY. PLEASE BE ADVISED THAT YOUR CONTINUED USE OF THIS SITE OR THE PRODUCTS AND SERVICES PROVIDED THEREON SHALL INDICATE YOUR CONSENT AND AGREEMENT TO THESE TERMS AND CONDITIONS.
Neither the Company nor any other member of the Company Group (as defined below) is a licensed financial advisor or a registered broker or dealer, and will not provide financial advice or make investment recommendations; nor are any of such parties in the business of transacting trades, nor will they give trading advice in any situation, nor do any of the Products and Services constitute a solicitation, recommendation, promotion or endorsement of any particular security, transaction or investment.
- 1.) OWNERSHIP
The Company: The Company reserves all rights not expressly granted in these Terms and Conditions, including, without limitation, title, ownership, intellectual property rights, and all other right, title and interest in and to the Products and Services (as defined below). You acknowledge and agree that, unless otherwise indicated, the Products and Services are the Company’s proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, live streams and graphics on the Site, and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the Province of British Columbia and Canada, foreign jurisdictions, and international conventions.
The “Products and Services” include, but are not limited to, the following:
- the Site;
- all source code, databases, functionality, software, website designs, audio, video, text, photographs, live streams and graphics on the Site;
- the Marks;
- the electronic version of books;
- educational videos, images, blogs, and other course materials and resources;
- subscription services;
- chat rooms (without limitation, day-trading chatrooms, swing-trading chatrooms);
- research tools;
- trading simulator;
- other educational material; and
- recommendations on affiliate services.
The Company owns the work, the material, the contents and any other intellectual property contained in the Products and Services. Accordingly, the Company may change the contents and limit or broaden access to the contents of its Products and Services at any time, and in its sole discretion.
The User: By entering into a subscription with the Company, the Company grants you a personal, non-commercial, non-transferable, non-exclusive, revocable, limited license (the “License”) to use and access the Products and Services (including any entries, information, materials, or other content posted to the Site) solely as permitted by these Terms and Conditions (collectively, your “Account”). The Company may at any time, and in its sole discretion, terminate the License for any reason, including, but not limited to, your violation of these Terms and Conditions.
- 2. PROHIBITED USES OF THE PRODUCTS AND SERVICES
The Products and Services shall be solely used for, and you hereby agree to solely use them for, your own personal and educational use in connection with your trading activities. All other uses of the Products and Services are hereby prohibited (the “Prohibited Uses”). Such Prohibited Uses include, but are not limited to, the following:
Sharing: You shall not copy, distribute or disseminate the Site or any portion thereof, and must not transfer the Site, or any portion thereof, to another person or “mirror” the Site, or any portion thereof, on any other server. No user of the Site is allowed to record our chatroom, recorded videos or any other content. Our live stream of our chatroom is copy written to the Company and cannot be recorded and/or shared.
User Posts: You shall not post any material on the Site that:
- promotes, offers for sale, or recommends any products or services, including without limitation, any financial or investment products, security or service, or any contest or promotions on the Site;
- is unprofessional, dishonest, hateful, threatening, pornographic, discriminatory, defamatory, disparaging, violent, or likely to incite violence;
- is owned by another person and that you are not authorized to publish;
- solicits business;
- solicits another person’s log-in information whether to this Site or another website; or
- is unlawful, including without limitations, with respect to the applicable laws, or the jurisdiction from which you access the Site.
Site Integrity: You shall not do anything that will or could compromise the integrity of the Site, including without limitation:
- doing anything that will damage, disable, overburden, impair, or otherwise slow down the speed of the Site;
- upload, transmit, or distribute to or through the Products and Services any computer viruses, worms, or other software intended to interfere with the proper function and operation of the Products and Services;
- accessing the Site through any automated means; or
- upload unauthorized codes to the Site.
Personal Information: You shall not harvest or collect any information from visitors to the Site, nor publish any user’s information (whether personally identifiable information or otherwise). Further, you shall not solicit another user’s log-in information, and will not access the Site through another user’s log-in.
Personal Conduct: You agree to conduct yourself in a professional and honest manner, and treat others with respect. This includes refraining from conduct that disrupts or interferes with other users’ enjoyment of the Products and Services. No bullying, intimidation, harassment, discrimination, or threatening behavior will be tolerated.
Violation of Law: You shall not use the Products and Services to violate applicable law or infringe any person’s or entity’s intellectual property or other proprietary rights.
Violation of Terms and Conditions: You shall not commit, facilitate, or encourage any violations of these Terms and Conditions. The Company may notify or cooperate with law enforcement authorities in investigating and prosecuting users who violate these Terms and Conditions, or any other policies of the Company or the Site, and any other violations of any laws.
- 3.) LICENSE TO POSTS
License to the Company: You grant the Company a non-exclusive, irrevocable, worldwide, perpetual, assignable and sublicenseable, royalty-free right to use, copy, make derivate works of, publish, change, remove, analyze, and commercialize, in any way known now or discovered in the future, anything you post—such as text, links, graphics, photographs, videos, or other materials—on or submit through the Site or email to the Company (your “Content”), without any further consent or approval, notice and/or compensation to you or to any third parties. Such license shall continue for a commercially reasonable period of time following the Content’s removal or deletion from the Site.
- 4.) PAYMENT
Payment: The Company may charge for your access to, and use of, the Site and the Products and Services in accordance with the terms and conditions of sale posted and given to you at the time of the purchase (“Payments”). Payments may be one-time only, may be period-to-period (e.g., monthly), or may be repeated for a period of time (e.g., monthly for a year) (the “Term”). If any payment method associated with your Account should expire, terminate, or is otherwise rejected by the issuing company, the Company may immediately terminate your Account.
Refund Policy: Although the Company offers valuable recorded and live trading lessons and webinars, it happily offers a money back guarantee on its membership plans. If you are not pleased with your purchase, contact the Company within 14 days to receive a refund with no questions asked. The Company has no obligation to offer a refund beyond the Company’s 14-day money back guarantee, but reserves the right to provide a refund in its sole discretion.
Non-Refundable Fees: Notwithstanding the Company’s Refund Policy set forth above, because the Company is required to pay upfront for your access to the DAS simulator, any fee you pay to the Company for access to the DAS simulator (the “DAS Simulator Fee”) is non-refundable. However, in the event you pay the DAS Simulator Fee, your access to the DAS simulator will continue until its expiry date (3 months after the starting date) even if you elect to cancel your membership.
- 5.) USER REPRESENTATIONS AND WARRANTIES
You represent and warrant to the Company that you are:
- of age of majority in the jurisdiction where you are accessing the Site from;
- not currently restricted from using the Products and Services;
- not a competitor of the Company;
- not using the Products and Services in a manner that is in competition with the Company’s business and/or the Products and Services; and
- will not engage in any of the Prohibited Uses.
Any breach of these warranties shall be deemed a violation of these Terms and Conditions.
- 6.) DISCLAIMER OF WARRANTIES
The Products and Services are provided “as is” and “as available” without warranties of any kind, express or implied, concerning the performance and provision of the Products and Services, the results to be obtained from the performance and provision of the Products and Services, and/or general accepted application of procedures and precautions, including no warranties of merchantability, fitness for a particular purpose, and non-infringement. You understand and agree that your use of the Products and Services is at your own risk, and that you will be solely responsible and liable for any claim, damages, loss, or expense that results from, or arises out of your use of the Products and Services (including the Third Party Content, as defined below).
- THE COMPANY’S DISCLAIMERS; THE USER’S ACKNOWLEDGEMENTS
The Company: The Company hereby discloses that neither the Company nor its moderators are licensed financial advisors. As a result, the Company and its moderators do not provide financial advice. To the extent any of the Products and Services may be deemed to be financial advice, such information and materials are impersonal, intended for a general audience and not tailored to the investment needs of any specific person and is provided for informational and educational purposes only. The Products and Services are not meant to be a solicitation or recommendation to buy, sell, or hold any positions in any indices or financial markets.
The Company highly recommends and suggests that you seek independent advice from a licensed financial advisor before you make any financial investment. You are solely responsible for all decisions regarding your purchase and sale of securities, and any investment you make relying on the information on the Site is made at your own risk. The Company does not and will not provide you with any legal, tax, estate planning or accounting advice, or any advice regarding the suitability, profitability or appropriateness for you of any security, investment, financial product, or investment strategy. You acknowledge and agree that you will neither solicit nor rely upon any financial, legal, tax, estate planning or accounting advice from the Company, its directors, officers, shareholders, members, managers, employees, agents, independent contractors or affiliates (the “Company Group”), and that neither the Company’s moderators nor any other member of the Company Group is authorized to give any such advice.
The Company Group may purchase or sell any security, or engage in any investment or trading strategy, contained in any data, content or information on the Site, or in the other products or services of the Company. Such parties will purchase or sell securities, and engage in any investment strategies, in their sole discretion, at any time and without notice, and shall not, and are not required to disclose or otherwise notify you, or any other person or party, with respect to any such decisions or activities. For the avoidance of doubt, such parties may not always adhere to certain strategies and are not required to disclose or notify you, or any other person or party, with respect to any such decisions or activities.
Products and Services: The Company neither assumes responsibility for, nor guarantees the accuracy, currency, completeness, suitability, or utility of the Products and Services, and the data, information, and content thereon (collectively, the “Data”) that may be accessed by you through the Site. The Company does not independently verify, assess, or guarantee the validity, adequacy, timeliness, accuracy, or completeness of any of the Data shared on the Site, or the potential value or profitability of any security, investment or investment strategy or method. The Data is not intended, and shall not constitute or be construed as financial advice, or a recommendation to buy or sell securities, nor any offer, or solicitation of an offer to buy or sell securities, nor an attempt to influence the purchase or sale of any security. The Data is intended for educational use only, and the Company warns that if you choose to make any investment by relying on the Data, or any portion thereof, that you may and most likely will lose your investment completely.
The investment or trading scenarios published may or may not be actual investment or trades made by the Company, its moderators, or the users of the Site. No profitability or performance claims are being made. The past performance of any trading system or methodology is not necessarily indicative of future results. No representation is being made that any account will or is likely to achieve profits or losses similar to the Company’s real or hypothetical trading accounts. Trading is a speculative, high-risk activity that is difficult and is not suitable for most individuals. Any real or hypothetical simulated financial gains claimed from any investment or trading scenario published by the Company have happened in the past, and those real or simulated previous gains are not a guarantee or in any way indicative of future performances of similar investment for you;
Investing in any investments, including those discussed on the Site is often very risky and speculative. The companies discussed on the Site, especially “penny stocks”, may have limited operating histories, little available public information, and the securities they issue may be volatile and illiquid and you may lose 100% of your investment. There is no guarantee for success of any kind. There is a risk of loss, which may be substantial, in trading securities, options, and futures, and it requires that you consider all relevant risk factors which includes your own financial situation, before placing any trade. Further, trades may not be suitable for you and do not take into consideration your particular financial situation or your investment objectives; none of the trades are being recommended to you because they are solely intended for educational and/or information purposes.
Any data, information, or content posted by a third party or other user of the Site constitutes the personal opinions of those posting it, and are not verified or reviewed for accuracy by the Company Group, or any licensed financial advisor, and therefore, should not be taken as financial advice. The contents of any URL or link to third party products, services, websites, or software are not verified by the Company Group, or any financial advisor, and therefore should not be taken as financial advice. The Company does not exercise control over third party websites, and your use of such links is at your own risk.
Materials in the Products and Services or on the Site, or any press release, podcast, internet broadcast, radio program may contain information that includes or is based upon forward looking statements. The Company does not assume any obligation to update any forward looking 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.
The Internet can be an insecure environment with interruptions in service or events which may occur that are beyond the Company’s control, and you acknowledge and agree the Company will not be responsible for any data lost while transmitting information on the Internet. In order to access the Products and Services, you will need a compatible device, internet access and certain software that may require payment of a fee and periodic updates, all of which may affect viewing. The Company strongly recommends high speed internet access to access the Site and it is required for video viewing, together with the latest software version. You agree these requirements, which can change, are your responsibility. You should check with your phone company, wireless carrier or other communications service provider to determine what charges will apply. You are responsible for all costs of access and shall remain responsible for all costs to maintain and operate your equipment; the Company is not and shall not be liable for any damage to your equipment from the use of the Site.
Other Users: The Company has no obligation to, and does not, screen or monitor any user’s, information, materials, or other data, information, or content provided on the Site by users, but has the right to do so at any time in its sole discretion. The Company may, in its sole discretion, remove or delete any entries or other content, and terminate the subscription, membership or account of any user, that violates these Terms and Conditions, or otherwise posts, deals with the Site, or uses the Products and Services in a manner that the Company finds, in its sole discretion, to be objectionable.
The Company does not control, nor does it endorse, any data, content or information provided on the Site. You understand, acknowledge and agree that your participation therein is at your own risk and that by accessing the Site, you may be exposed to material that you deem to be offensive, indecent, obscene or otherwise objectionable. Under no circumstances will you hold the Company Group, liable for any such content displayed or made available through the Site.
Testimonials: The Company may express or utilize testimonials, examples or descriptions of past performance, but such items are not indicative of future results or performance, or any representation, warranty, or guarantee that any result will be obtained by you. Your results may differ materially from those expressed or utilized by the Company due to a number of factors. The endorsements, testimonials or descriptions of past performance are individual experiences, reflecting certain experiences of customers or members, and are not representative of the results and performances of all customers and members.
Third Parties: The Products and Services may contain links to third party websites, products, and/or services, which may be posted by advertisers, our affiliates, our partners, or other users (“Third Party Content”). You acknowledge and understand that the Company may have financial relationships with some of the products and services mentioned in the Third Party Content. In some cases, the Company may be compensated in the event users choose to utilize the links or recommendations of Third Party Content. You acknowledge and understand that Third Party Content is not under the Company’s control, the Company is not responsible for the content, accuracy or opinion expressed by such Third Party Content, the Company does not investigate, monitor or check for accuracy, reliability or completeness such Third Party Content, and that your use of Third Party Content is at your own risk.
Privacy: You are responsible for protecting the confidentiality of any of your subscription identification information, including log in data, codes, user name, or passwords. You agree to notify the Company immediately of any unauthorized use of your subscription information. The Company is not responsible or liable for any losses you incur from the unauthorized use of your subscription information.
Modifications: The Company reserves the right to modify, suspend, or discontinue the Products and Services (in whole or in part) at any time, with or without notice to you. Any future release, update, or other addition to functionality of the Products and Services will be subject to these Terms and Conditions. Without limiting the foregoing, the Company may alert you to certain modifications to the Site and/or the pricing associated therewith. Such notice shall be done in accordance with the Notice provisions of Article XIV of these Terms and Conditions. You acknowledge and agree that the Company shall have no liability associated with or arising from your failure to maintain accurate contact or other information, including, but not limited to, your failure to receive critical information about the Site or pricing.
- 7.) RELEASE/LIMITATION ON LIABILITY
IN NO EVENT SHALL THE COMPANY OR ANY OTHER MEMBER OF THE COMPANY GROUP BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES RESULTING FROM, OR IN CONNECTION WITH, ANY CLAIM OR CAUSE OF ACTION, WHETHER BROUGHT IN CONTRACT OR IN TORT, EVEN IF YOU KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
- 8.) INDEMNITY
You agree to irrevocably indemnify, defend, and save harmless the Company and the other members of the Company Group from any and all claims, damages, losses, liabilities, and any and all costs and fees (including attorney’s fees), arising from or related to your breach of these Terms and Conditions, and/or your use of, access to the Site, provided that no indemnity of defense obligation shall arise in the event of the Company’s intentional misconduct or sole gross negligence.
- 9.) STATUTE OF LIMITATIONS
You and the Company agree that any cause of action arising out of or related to these Terms and Conditions must commence within one (1) year after the cause of action accrues. Otherwise, any such cause of action is permanently barred.
- 10.) EXCLUSIVE REMEDY
Your exclusive remedy, and the limit of liability of the Company for any losses, damages, or injuries resulting from these Terms and Conditions or the Products and Services shall be limited to the amount of subscription fees you have paid in the previous twelve (12) months (the “Subscription Fees”). In no event shall the Company’s liability exceed your Subscription Fees.
- 11.) TERMINATION
By the Company: The Company may, in its sole discretion, remove or delete all or any portion of your Account at any time for any or no reason, including for a violation of these Terms and Conditions.
By the User: You may terminate your subscription to the Site and the Products and Services by sending a notice to the Company in accordance with the Notice provisions of Article XIV of these Terms and Conditions. You will be responsible for all payments for any Products and Services until the end of the term for those Products and Services, and you hereby authorize the Company to continue to charge your credit card on file until the end of the Term for the payments.
- 12.) AMENDMENT OR MODIFICATION OF THE TERMS AND CONDITIONS
The Company reserves the right to amend or modify these Terms and Conditions at any time without notice, and update the Effective Date. Without limiting the foregoing, if the modifications—in the Company’s sole discretion—are material, the Company may also elect to notify you of such changes in accordance with the Notice provisions of Article XIV of these Terms and Conditions, or by otherwise providing notice through the Site and/or the Products and Services. By using the Site and/or the Products and Services on or after the Effective Date of the revised Terms and Conditions, you agree to be bound by the then-current Terms and Conditions. In the event you do not agree to the revised Terms and Conditions, you must exit and discontinue use of the Site immediately.
- 13.) MISCELLANEOUS
Notices: Any notices or communications required or permitted to be given by these Terms and Conditions will be sent to the email address associated with your Account. You also agree that the Company may communicate with you through any available means including email, mobile number, telephone, and delivery or mail by prepaid mail or overnight courier. You acknowledge and agree that we shall have no liability associated with or arising from your failure to maintain accurate contact or other information, including, but not limited to, your failure to receive information about the Site, Products and Services, or the pricing thereof. Any notice to the Company may be sent to [email protected].
Severability: Should any part of these Terms and Conditions for any reason be declared invalid, illegal, void, or unenforceable in any respect, such provision shall be deemed modified so as to constitute a provision conforming as nearly as possible to the invalid, illegal, void, or unenforceable provision while still remaining valid and enforceable, and the remaining provisions of this Terms and Conditions shall remain in full force and effect.
Waiver; Remedies: Waiver of breach of these Terms and Conditions by the Company shall not be considered a waiver of any other subsequent breach. The failure of the Company to require strict performance of any provision of these Terms and Conditions shall not affect the Company’s right to full performance thereof at any time thereafter. No right, remedy, or election given by any term of these Terms and Conditions or made by the Company shall be deemed exclusive, but shall be cumulative with all other rights, remedies, and election available at law or in equity. You acknowledge that the rights created hereby are unique and recognize and affirm that in the event you breach these Terms and Conditions, irreparable harm would be caused, money damages may be inadequate, and the Company may have no adequate remedy at law. Accordingly, you agree that the Company shall have the right, in addition to any other rights and remedies existing in its favor at law or in equity, to enforce the Company’s rights and the obligations against you not only by an action or actions for damages, but also by an action or actions for specific performance, injunctive and/or other equitable relief (without posting of a bond or other security).
No Third Party Beneficiaries: Except as specifically set forth herein, nothing in these Terms and Conditions is intended to or shall confer upon any party (other than the Parties) any legal or equitable right, benefit, or remedy of any nature whatsoever under or by reason of these Terms and Conditions and no party (except as so specified) shall be deemed a third-party beneficiary under or by reason of these Terms and Conditions.
Section Headings: Title and headings of sections of these Terms and Conditions are for convenience of reference only and shall not affect the construction of any provision of these Terms and Conditions.
Governing Law and Construction: These Terms and Conditions are governed by the laws of the Province of British Columbia and Canada, and the parties agree to attorn to the exclusive jurisdiction of the courts in Vancouver, BC. The Site, and the Products and Services, are solely directed to and intended for individuals residing in Canada. Those who choose to access and use the Site, and the Products and Services from other locations do so at their own risk, and are fully responsible for compliance with all laws, rules, and regulations applicable thereto. The Company reserves the right to limit the availability of the Site, and any other Products or Services, to any person, geographic area, or jurisdiction, in any manner and at any time, in its sole discretion.
Entire Agreement; Survival: These Terms and Conditions state the entire agreement between you and the Company and supersede any and all prior communications, understandings, representations, warranties, agreements, proposals, or contracts (whether oral or written) between you and the Company respecting the subject matter hereof.
For any questions with respect to these Terms and Conditions, please email [email protected].