Day One Traders Terms and Conditions
Last Updated: October 27, 2020
I. Acceptance of Terms of Service
These Terms and Conditions of Service and Use constitute an agreement (“Agreement”) that governs the relationship between Day One Traders (“we”, “us”, “our”, or “the Company”) and each of our Users (“you”) subject to the terms incorporated herein (“Terms”).
In addition to our Terms, Users shall agree that (a) your use of our Site and Services shall comply with all applicable 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 Day One Traders’ 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:
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, Company will provide a notice to the e-mail listed on the account.
III. DISCLAIMERS: NO RECOMMENDATIONS OR ADVICE GIVEN; NO SOLICITATIONS
a. General Disclaimers
Day One Traders 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 Day One Traders 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.
b. U.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.
c. 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.
d. 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. Day One Traders 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 Day One Traders 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 Day One Traders so 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 theses Forums or (ii) delete User submitted text or images at its sole discretion.
By posting content on the Site or its Forums, you grant Day One Traders 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.
e. Testimonials Disclaimer
We will remain in compliance of 16 CFR Part 255 and Federal Trade Commission Guidelines concerning our use of endorsements and advertisements.
Any endorsements, testimonials, or statements of past performance from either us or other Users are based on their individual experiences and 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 performance. 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 relevant. No endorsement, testimonials, or statements of past performance involved payment or compensation.
Day One Traders 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 material 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 Day One Traders are non-refundable. Day One Traders is not required to provide any refunds or credits for any reason including, but not limited to, lack of satisfaction of our Content. We do not authorize any disputes or chargebacks.
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.
V. Intellectual Property Ownership; Revocable License
a. Revocable License
b. Intellectual Property Ownership
Day One Traders reserves all rights not expressly granted in this Agreement for its content 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 Day One Traders, and all related content, materials, services, and information, including any copies or derivative works, (collectively, Day One Traders Property), all protected under copyright, trademark, and trade secret laws. You further acknowledge and agree that the Site, Day One Traders Property contain proprietary data and information that is important and valuable to Day One Traders, 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 Day One Traders 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.
VI. 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, Day One Traders 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, Day One Traders disclaims any warranties regarding the security, reliability, accuracy, availability, service levels, timeliness, and performance of the Site. 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.
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 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.
VII. Limitations of Liability
COMPANY AND IT’S DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, AND AFFILIATES—WHETHER ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR NOT—SHALL 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, 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 OR OTHERWISE RELATED TO OR ARISING FROM COMPANY’S SITE OR SERVICES, 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 COMPANY’S BUSINESS MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACRUES OR THE CAUSE OF ACTION IS PERMANENTLY BARRED.
You shall and hereby agree to indemnify, defend, and hold Day One Traders and our respective representatives, subsidiaries, affiliates, 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 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 termination of this Agreement.
IX. Force Majeure
Day One Traders shall not be liable for any delays or failure to perform resulting from causes outside the reasonable control of Company, including, but not limited to acts of God, 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.
X. 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 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. Day One Traders 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.
XII. Governing Law; Arbitration
This Agreement and any action related to Day One Traders Site and Services will be governed by and construed in accordance with the laws of the State of Washington. 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 Day One Traders’ choosing. Notwithstanding the above, you agree that Day One Traders shall be allowed to apply for injunctive remedies in any jurisdiction.
Users hereby agree that any dispute, controversy, or claim shall be settled by Arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association and judgement upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Said Arbitration shall be conducted in Seattle, Washington by a single arbitrator. Such dispute resolution shall be in accordance with the applicable substantive laws of the State of Washington. The prevailing party shall be entitled to all fees and costs arising therefrom, including, but not limited to, attorney’s fees and costs.
XIII. 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.
The following sections of this Agreement shall survive any termination or discontinuance of the Site or your access to it: Intellectual Property Ownership, Indemnification, and Limitations of Liability.
XIV. Entire Agreement
This Agreement constitutes the entire, complete, and exclusive agreement (and supersedes all previous versions of our Terms of Service) between Users and Day One Traders 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.
XVI. Notice and Inquiries
Any questions or concerns about this Agreement, Site issues, or billing should be addressed to email: [email protected].