Terms of Service
Last Updated: August 8th, 2023
NOTICE OF ARBITRATION AGREEMENT:
THE TERMS OF SERVICE (“TERMS”) CONTAIN A BINDING ARBITRATION CLAUSE AND A CLASS ACTION WAIVER. IT REQUIRES THAT DISPUTES BE RESOLVED BY ARBITRATION, RATHER THAN CLASS ACTION LAWSUITS OR JURY TRIALS (EXCEPT FOR MATTERS THAT MAY BE TAKEN TO SMALL CLAIMS COURT). PLEASE SEE SECTION XIV FOR MORE INFORMATION.
I. Acceptance of Terms of Service
These Terms of Service constitute an agreement (“Agreement”) that governs the relationship between Evolved Traders LLC the Company(“we”, “us”, “our”, “ or “the Company”) and each of our Users (“you” or “User”) .
In addition to our Terms, Users shall agree that (a) your use of our Site and Services shall comply with all applicable international and federal, state, and local laws, rules, or regulations, (b) you will not use our Site or Services if you are restricted from doing so, and (c) you will not violate any of the Company’ rights, including without limitation, intellectual property rights such as patent, copyright, trademark, or trade secrets.
II. General Rules
By accepting this Agreement, you acknowledge and agree that you will not:
- Download or copy any content on our Site (“Content”) except for your own personal non-commercial use;
- Sell, advertise, display, or post any Content on our Website to non-members;
- Reproduce, republish, upload, transmit, modify, distribute, publicly display, or otherwise exploit the Services or the Content owned by the Company;
- Exploit the intellectual property of other third-parties on our Site without their consent;
- Breach the security of the Site;
- Intentionally compromise the integrity of the Site including, but not limited to, the use of malicious viruses, code, scripts, processes, or any other action that could disable, overburden, or impair the operation of our Site and Services;
- Collect or attempt to obtain account details of other members;
- Disclosing you or another Member’s personally identifiable information;
- Share your account details with any other person;
- Impersonate another person or otherwise attempt to fraudulently deceive anyone, especially as a Company representative;
- Disparage, defame, or post false statements related to the Company;
- Use our Site and forums to advertise non-Company related things, solicit members, spam messages, or display inappropriate obscenities, vulgarity, profanity, ethnic slurs, violent, hate speech, or sexually explicit phrases or images (the Company reserves the right to determine the standard for phrases or images that are objectionable at its sole discretion);
- Bully, harass, abuse, or threaten any person; or
- Issue chargeback disputes against the Company.
Violating any of these aforementioned Rules may result in being banned from communicating in our comment-enabled forums and your access and account suspended or terminated without a refund at Company’s sole discretion. Depending on the circumstances, Company may also pursue further legal action. If a User account is suspended or terminated, the Company will provide a notice to the e-mail listed on the account.
III. DISCLAIMERS: NO RECOMMENDATIONS OR ADVICE GIVEN; NO SOLICITATIONS
- General Disclaimers
The Company is not a financial advisor, securities broker-dealer, registered analyst, or registered investment advisor with the U.S. Securities and Exchange Commission. Information on our Site and within our Services (“Content”) is for informational and educational purposes. All Content is information of a general nature and does not address the personalized circumstances or tailored needs of any specific individual or entity. Content may be subject to updates for the sole purpose of assisting Users in making independent investment decisions, but we cannot verify or guarantee the accuracy or completeness of any information, the suitability or profitability of any particular investment, or the potential value of any investment.
You should not construe any such information or other material as legal, tax, investment, accounting, financial, or other advice. Nothing contained on our Site constitutes a solicitation, recommendation, sponsorship, endorsement, or as an offer by us or any third-party provider to sell or buy any securities or other financial instruments.
There are inherent risks associated with investing in securities and other financial instruments. You should consult a professional business, legal, tax, and/or accounting advisor concerning any contemplated transactions. You represent and warrant that you acknowledge the risks involved in trading in securities, and that you are the sole person responsible for conducting your own investment research and decisions as well as any losses, financial or otherwise, you may accrue should you choose to invest. You understand, acknowledge, and agree that the Company and its representatives, employees, agents (“Representatives”) are not authorized to give any such advice, and you will neither solicit nor rely on any investment advice given from either the Site, Services, Content, or representatives.
- S. Government (Commodity Futures Trading Commission) Required Disclaimer
Commodity Futures Trading Commission Futures 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. Do not trade with money you can't afford to lose. This Site, Services, and other Content 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 Site. The past performance of any trading system or methodology is not necessarily indicative of future results.
- Commodity Futures Trading Commission Rule 4.41
Hypothetical performance results have many inherent limitations, some of which are described below. No representation is being made that any account will or is likely to achieve profits or losses similar to those shown, in fact, there are frequently sharp differences between hypothetical performance results and the actual results subsequently achieved by any particular trading program. One of the limitations of hypothetical performance results is that they are generally prepared with the benefit of hindsight, in addition, hypothetical trading does not involve financial risk, and no hypothetical trading record can completely account for the impact of financial risk in actual trading. For example, the ability to withstand losses or adhere to a particular trading program in spite of trading losses are material points which can also adversely affect actual trading results. There are numerous other factors related to the markets in general or to the implementation of any specific trading program which cannot be fully accounted for in the preparation of hypothetical performance results and all of which can adversely affect actual trading results.
- Forum Disclaimers
The chat and comment-enabled sections on the Site and on third-party applications (“Forums”) are comprised of Users and Company Representatives posting and sharing content and information. Any information shared on these Forums are for informational purposes only and should not be construed as advice, recommendations, or solicitations to enter securities transactions or to utilize any strategies suggested by other Users and Representatives. the Company does not control any of the content shared on the Forums. The Company is not responsible for the accuracy of data, content, or information shared and can neither endorse nor guarantee the accuracy of such. Any commentary made by a User or Representative, whether real or hypothetical, is purely an opinion and should not be relied upon as advice. You understand, acknowledge, and agree that your participation in such Forums is at your own risk, and the Company expressly disclaims responsibility for all information posted or shared. We reserve the right—not obligation—to review and remove any content from the Forum at our sole discretion. You understand, acknowledge, and agree that the Company do not actively police the Forums, so you may be exposed to offensive, indecent, or obscene content. Under no circumstances will you hold Company or its representatives liable for any content shared and posted on the Forum or any loss or damage that incurred as a result of the use of the Forums. The Company reserves the right to either (i) ban people from contributing to these Forums or (ii) delete User-submitted text or images at its sole discretion.
By posting content on the Site or its Forums, you grant the Company a global, perpetual, non-exclusive, royalty-free license to use, modify, adapt, translate, or display your content or statement for any use including, but not limited to, advertisements, testimonials, and promotions.
IV. Testimonials Disclaimer
We will remain in compliance with Federal Trade Commission Guidelines concerning our use of endorsements and advertisements (16 CFR Part 255)
Any endorsements, testimonials, or statements of past performance from either us or other Users are based on their individual experiences and are not representative of all Users. Past results and performances are not typical, and you should not expect to replicate the same or similar results or performances. We do not track the typical results of our current or past Users because we do not have access to their personal trading accounts. Research data have suggested that most day traders are not profitable.
Any endorsements, testimonials, or statements of past performance were received by Users on our Forums and are verbatim except for correction of grammatical or typing errors and editing for length. The entire testimonial may not be displayed due to length or relevance. No endorsement, testimonials, or statements of past performance involved payment or compensation.
The Company offers its educational and informational Content for a one-time payment—via Paypal or Stripe—on its Site. When Users purchase our Services and Content on our Site, Users will be asked to create an account to obtain a revocable license to access our digital Content hosted on a third-party media streaming platform. It is the User’s responsibility to keep his or her account details safe, and Users are solely responsible for maintaining accurate contact information. There will be no physical goods or materials provided upon sale. All Content, materials, and Services related to the Site shall be solely restricted to your own personal use.
All payments made to the Company are non-refundable except as provided under the paragraph below. The Company is not required to provide any refunds or credits for any reason including, but not limited to, lack of satisfaction with our Content.
Within the first 30 days of purchasing a course, a User may request a refund by sending an email to [email protected] with the correct account information. We will review and consider such requests at our own discretion, provided that the User has not violated the Agreement. However, please note that issuing chargeback disputes against the Company would be considered a violation of the Agreement and would disqualify the User from receiving a refund.If an User has purchased an offer with a payment plan and stops completing the payments for any reason, they will lose access to their the Company purchase if they do not make the payment within 14 days. Even if they have already completed part of the payment plan.
Coupons may be offered at Company’s sole discretion. They may be accepted, refused, or adjusted at any time, with or without notice. We reserve the right to offer coupons at our sole discretion for the difference between the purchase price and the discounted price.
VI. Intellectual Property Ownership; Revocable License
- Revocable License
- Intellectual Property Ownership
the Company reserves all rights not expressly granted in this Agreement including, without limitation, title, ownership, intellectual property rights, and all other right, title, and interest in and to the Site, the products and Services of the Company, and all related content, materials, services, and information, including any copies or derivative works, (collectively, the Company Property), all protected under copyright, trademark, and trade secret laws. You further acknowledge and agree that the Site, the Company Property contain proprietary data and information that is important and valuable to the Company, so you will not use this data or information for any unlawful or unauthorized purpose and will use reasonable efforts to protect them from illicit distribution or use.
You may not exploit the Company Property in any way, including, but not limited to, modifying, creating derivative works, publishing, displaying uploading, posting, transmitting, transferring, reproducing, and selling our Content. Unauthorized exploitation of our Content and property may result in the termination of your access to the Site and further legal action.
VII. General Disclaimer of Warranties
To the fullest extent permitted by law, the Site is provided “as is” and “as available” basis with no representations, warranties, or conditions. To the fullest extent permitted by law, the Company disclaims all express, implied, and statutory warranties including, without limitation, warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights. Some jurisdictions may not allow disclaimers of implied warranties, so certain statements may not apply to you; the other terms and conditions remain fully enforceable notwithstanding.
Without limiting the foregoing, the Company disclaims any warranties regarding the security, reliability, accuracy, availability, service levels, timeliness, and performance of the Site. The company does not warrant that the Site or Services will work with any particular hardware or software systems or in any specific geographic region. We reserve the right to modify or discontinue the Site at any time without notice.
NEITHER THE COMPANY NOR ITS THIRD-PARTY PROVIDERS WARRANT THAT THE RESULTS OBTAINED FROM THE USE OF THIS WEBSITE OR THE CONTENT OR SERVICES PRESENTED ON THIS WEBSITE, INCLUDING THIRD-PARTY CONTENT, WILL BE ACCURATE OR RELIABLE, OR THAT THIS WEBSITE OR ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THIS WEBSITE WILL MEET YOUR NEEDS OR EXPECTATIONS.
To the extent that a User communicates with any Company representatives or agents through any medium, their actions, statements, promises, warranties, and representations shall not modify the terms of the Agreement and this disclaimer.
You understand, acknowledge, and agree that your use of the Site, any Content, Services, or any other information or materials related thereto, is solely at your own discretion and risk and that you will be solely responsible for any liability, claim, damages, loss, cost, or expense that results from or arises from such use.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
VIII. Limitations of Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT SHALL COMPANY AND IT’S AFFILIATES AND THEIR RESPECTIVE DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS—WHETHER ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR NOT—BE LIABLE TO YOU UNDER ANY LEGAL OR EQUITABLE THEORY, FOR (A) ANY CONSEQUENTIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL, OR INDIRECT DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, LOST PROFITS, REVENUES, AND BUSINESS, ARISING OUT OF, UNDER, OR RELATING TO THIS AGREEMENT, YOUR USE OF THE SITE, THE CONTENT OR THE SERVICES, OR OTHERWISE RELATED TO OR ARISING FROM COMPANY’S BUSINESS, OR (B) ANY DAMAGES OF ANY KIND ARISING OUT OF, UNDER, OR RELATING TO THE SITE, THE CONTENT, THE SERVICES OR OTHERWISE RELATED TO OR ARISING FROM COMPANY’S BUSINESS, IN EXCESS OF THE PAYMENTS MADE TO COMPANY FOR ACCESS TO ITS SITE AND SERVICES. YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF ARISING OUT OF, UNDER, OR RELATING TO THIS AGREEMENT, YOUR USE OF THE SITE, OR OTHERWISE RELATED TO OR ARISING FROM THE COMPANY’S BUSINESS MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OR THE CAUSE OF ACTION IS PERMANENTLY BARRED.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
You shall and hereby agree to indemnify, defend, and hold the Company and our subsidiaries and affiliates and their respective representatives, related parties, officers, directors, employees, agents, independent contractors, advertisers, partners, and co-branders (collectively, the “Indemnified Parties”) harmless from and against any and all liabilities and costs incurred by the Indemnified Parties in connection with any claims, actions, suits, proceedings, or demands (collectively, “Claims”) including, without limitation, reasonable legal and accounting fees, arising or resulting from your breach of this agreement, your access to, use, or misuse of our Site, Content and Services, and/or otherwise relating to the business we conduct, any breach by you of our Terms, or any breach of your covenants or agreements hereunder. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not, in any event, settle any matter without our written consent. You shall cooperate as fully as reasonably required in the defense of any claim. This section survives the termination of this Agreement.
X. Force Majeure
The Company shall not be liable for any delays or failure to perform resulting from causes outside the reasonable control of the Company, including, but not limited to acts of God, pandemic, acts of war or terrorism, breakdowns or malfunctions, interruptions or malfunction of facilities, loss of data due to power failures and mechanical difficulties, fire, floods, labor difficulties, civil unrest, or restrictions due to government mandates.
XI. Third Party Software and Websites
The Site and its Services may contain links to other third-party websites including, but not limited to, Discord, Youtube, and Kajabi, or reference third-party written books. Any use of a third-party website or book is not an endorsement, authorization, or representation of our affiliation with that third party. We are not responsible for the content, rules, and liabilities of those third parties’ websites or books. We do not exercise control over third-party websites. Your use of other third-party websites is subject to their respective terms and conditions and is at your own risk. We are neither responsible for third-party websites nor do we make any representation or warranties, express or implied, with respect to any such website, any content of such websites, or any products or services offered by any such websites, including but not limited to, accuracy, completeness, reliability, suitability, non-infringement, merchantability or fitness for a particular purpose.
We reserve the right to amend or supplement our Terms, regulations, policies, or other rules (collectively the “Terms and Rules”) from time to time in our sole discretion, with or without notice, so it is the User’s responsibility to check for any updates. Each time you access our Site or Services, you are agreeing to be bound by the most current version of this Agreement.
We may also, from time to time, amend or supplement our Site, Content, fees, and Services at any time without notice at our own discretion. Though we may choose to do so, we do not promise or guarantee any such changes. Without limiting the foregoing, we also reserve the right to discontinue our Site, temporarily or permanently, without notice. Any aspect or features added on to our Content and Site shall be subject to these terms. the Company shall not be liable to neither you nor any third party for any damages, costs, expenses, or other liabilities related to any amendments, additions, price changes, suspensions, or discontinuance of the Site and Services.
XIII. Governing Law; Arbitration
This Agreement and any action related to the Company Site and Services will be governed by and construed in accordance with the laws of the State of Washington without regard to its conflicts of laws provisions. You expressly agree to submit to the exclusive personal jurisdiction of the state and federal courts sitting in King County, Washington, or any location of the Company’ choosing for the purpose of litigating all such claims or disputes that are not subject to arbitration, and waive any objection to such jurisdiction or venue. Notwithstanding the above, you agree that the Company shall be allowed to apply for injunctive remedies in any jurisdiction.
XIV. ARBITRATION AND CLASS ACTION WAIVER
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
- Both parties agree that these Terms affect interstate commerce and that the Federal Arbitration Act governs the interpretation and enforcement of these arbitration provisions.
- This Section is intended to be interpreted broadly and governs any and all disputes between both parties, including but not limited to claims arising out of or relating to any aspect of the relationship between parties, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory; claims that arose before this Agreement or any prior agreement (including, but not limited to, claims related to advertising); and claims that may arise after the termination of this Agreement. The only disputes excluded from this broad prohibition are the litigation of certain intellectual property and small court claims, as provided below.
- By agreeing to these Terms, you agree to resolve any and all disputes with us as follows:
a. Initial Dispute Resolution: To expedite resolution and reduce the cost of any dispute, controversy or claim, past, present, or future, between you and us, including without limitation any dispute or claim related to or arising out of this Agreement ("Dispute"), both parties may attempt to negotiate any Dispute informally (the "Informal Negotiations") before initiating any arbitration or court proceeding. Such Informal Negotiations will commence upon written notice. Your address for any notices under this Section is the physical address that you have provided to us. Our address for such notices is: Address:2337 148th Ave NE #1123, Bellevue, WA 98007 United States_
4. The parties understand that, absent this mandatory arbitration provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.
5. The arbitration will be initiated in the state of Washington, United States. Both parties further agree to submit to the personal jurisdiction of any federal or state court in King County, Washington in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
6. A party who wishes to arbitrate a Dispute covered by this Arbitration Agreement must initiate an arbitration proceeding no later than the expiration of the statute of limitations that applicable law prescribes for the claim asserted. The arbitrator shall apply the statute of limitations that would have applied if the Dispute had been brought in court. The arbitrator may award any remedy to which a party is entitled under applicable law, but remedies shall be limited to those that would be available to a party in their individual capacity, and no remedies that otherwise would be available to an individual under applicable law will be forfeited. The arbitrator is without authority to apply any different substantive law. The parties have the right to conduct adequate civil discovery and present witnesses and evidence as needed to present their cases and defenses, and any dispute in this regard shall be decided by the arbitrator.
7. To the fullest extent permitted by applicable law, both parties further agree that the arbitration will be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. BOTH PARTIES AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS 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 arbitration provisions set forth above will be deemed null and void in their entirety and the parties will be deemed to have not agreed to arbitrate disputes.
8. Both parties agree that the following Disputes are excluded from this Arbitration Agreement: (1) any Dispute seeking to enforce or protect, or concerning the validity of, any of your or our intellectual property rights; (2) individual claims in small claims court; (3) any claim that an applicable federal statute expressly states cannot be arbitrated; and (4) any claim for injunctive relief.
10. We will provide thirty (30) days' notice of any changes affecting the substance of this “Arbitration and Class Action Waiver” section by posting on our Terms, sending you a message, or otherwise notifying you when you are logged into your account. Amendments will become effective thirty (30) days after they are posted on our Terms.
11. Changes to this “Arbitration and Class Action Waiver” section will otherwise apply prospectively only to claims arising after the 30th day. If a court or arbitrator decides that this subsection on "Changes to This Section" is not enforceable or valid, then this subsection will be severed from the section entitled "Arbitration and Class Action Waiver," and the court or arbitrator will apply the first Arbitration and Class Action Waiver section in existence after you began using the Services.
12. Survival: This Arbitration and Class Action Waiver section will survive any termination of your account or the Services.
XV. Severability and Survival
If any provision of this Agreement is adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect.
All provisions of this Agreement which by their nature should survive termination shall survive any termination or discontinuance of the Site or your access to it, including but not limited to Intellectual Property Ownership, Indemnification, and Limitations of Liability.
XVI. Entire Agreement
This Agreement constitutes the entire, complete, and exclusive agreement (and supersedes all previous versions of our Terms of Service) between Users and the Company regarding our Site and Services. The provisions of this Agreement shall survive any termination thereof indefinitely.
Our Failure to act with respect to a breach of this Agreement by you or others does not waive our right to act with respect to that breach or subsequent similar or other breaches.
XIX. Notice and Inquiries
Any questions or concerns about this Agreement, Site issues, or billing should be addressed to email: [email protected].