Terms and Conditions

 I. Overview

READ THE FOLLOWING CAREFULLY BEFORE YOU ACCESS OR USE OFFTHECHARTTRADING.COM OR ANY AFFILIATED SITES (COLLECTIVELY,THE“SITE”), ON WHICH THESE TERMS AND CONDITIONS (THE “AGREEMENT”) ARE POSTED.BY YOUR CONTINUED USE OF THE SITE, YOU ACKNOWLEDGE THAT YOU ARE 18 YEARS OF AGE OR OLDER, HAVE THE RIGHT, AUTHORITY AND CAPACITY TO ENTER INTO THIS AGREEMENT, OR YOU ARE OF THE LEGAL AGE REQUIRED TO FORM A BINDING CONTRACT IN YOUR JURISDICTION IF THAT AGE IS GREATER THAN 18 AND YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THIS AGREEMENT.

The Agreement governs the relationship between you and Off The Chart Trading, LLC (the “Company”). All supplemental terms and rules issued by the Company that apply to the use of the Site, including those regarding Privacy and additional Disclaimers, form an integral part of this Agreement and are incorporated herein by this reference.

If you have any questions relating to the Site or Membership (as defined below), they can be sent to the attention of our Customer Service by email to support@offthecharttrading.com. The publication of electronic mail addresses is to facilitate communications relating to the use of the Site and must not be inferred as consent by us to receiving unsolicited commercial electronic messages.

You understand and agree that the Site is provided by Company and may be terminated or otherwise discontinued by Company at its discretion pursuant to this Agreement.

By accepting this Agreement, you agree that you will not:

1. Monitor, harvest, collect or attempt to obtain passwords or other Account information from or about other users of the Site, disclose your, or another person’s personally identifiable information;
2. Impersonate another person, attempt to mislead others by indicating that you represent the Company, any of its partners, affiliates, or related companies, or express or imply that any statements that you make or actions you take are endorsed by Company;
3. Download or copy any content, paid or free, except as may occur through the normal caching function of your browser and except to print and retain a copy for your own personal, non-commercial use;
4. Reproduce, republish, upload, post, transmit, modify, distribute or publicly display any of the content except as expressly authorized in this Agreement;
5. Outside the Site, sell, advertise or post information granted to you through the Site by setting up an Account and paying your membership fee;

Probe, scan or test the vulnerability of the Site or breach its security or authentication measures; take any action that imposes an unreasonable or disproportionately large load on the infrastructure used to deliver the Site, Company’s systems or networks, or any systems or networks connected to the Site or Company.

II. No Recommendations or Advice Provided

Information contained on the Site is educational in nature and designed to contribute to your overall understanding of various types of technical analysis and how the Company and it’s representatives apply this information to the financial markets. Company is not a Financial Advisor, Securities Broker-Dealer or Registered Analyst. No information contained on the Website is intended as securities brokerage, investment, tax, accounting or legal advice, as an offer or solicitation of an offer to sell or buy, or as an endorsement, recommendation or sponsorship of ay company, security or fund.

Trading of stocks, options, futures and cryptocurrencies may not be suitable for everyone and involves risks. You should consult your business advisor, legal, tax and accounting advisors concerning any contemplated transactions. By accessing the Site you acknowledge the risks involved in trading the stock, options, futures and cryptocurrency markets and acknowledge that you, the user, are solely responsible for any losses, financial or otherwise, as a result of using this Site. Company cannot and does not assess, verify or guarantee the adequacy, accuracy or completeness of any information, the suitability or profitability of any particular investment, or the potential value of any investment or informational source. You are responsible for conducting your own investment research and decisions. Company in no way warrants the solvency, financial condition, or investment advisability of any of the securities mentioned on the Site or any linked site.

The Company, its employees and its traders will NEVER manage or offer to manage a customer or individual's binary options, options, stocks, cryptocurrencies, currencies, futures, forex or any financial markets or securities account. If someone claiming to represent or be associated with the Company solicits you for money or offers to manage your
trading account, do not provide any personal information and contact us immediately.

U.S. Government Required Disclaimer – Commodity Futures Trading Commission

Futures, options and stock 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. Don’t trade with money you can’t afford to lose. This website 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 website. The past performance of any trading system or methodology is not necessarily indicative of future results.

You should view our additional Disclaimers before continuing to use the Site. By accessing the Site you acknowledge and agree to the Disclaimers.

III. No Warranty

Company provides the Site on a commercially reasonable basis and does not guarantee that you will be able to access or use the Site at times or locations of your choosing, or that Company will have adequate capacity for the service as a whole or in any specific geographical location.

To the fullest extent permitted by law, the Site is provided on an “as is” and “as available” basis, for use at your own risk. To the fullest extent permitted by law, Company disclaims all warranties, representations and conditions, either express or implied, including without limitation implied warranties of merchantability, non-infringement or fitness for a particular purpose, in connection with the Site or Content with which it is linked. Company does not warrant that the Site will be uninterrupted or secure, that it will be available at any particular time, free of inaccuracies, errors, omissions, viruses or other harmful components, or will be corrected if found to be defective. We reserve the right to modify and/or discontinue the Site, or access thereto, at any time without notice. To the extent that you communicate with Company representative through any source, the statements and promises made or actions taken by them shall not limit or otherwise modify the terms of this disclaimer and/or this Agreement and this disclaimer and this Agreement apply to any information provided to you through such sources.

Company does not warrant that the Site or the servers that make the Site available will  work with any particular hardware or software systems or configurations.

Some jurisdictions may not allow disclaimers of implied warranties and the above disclaimers may not apply to you to the extent prohibited.

Company shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of Company, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond Company’s control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, network infrastructure failures, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.

IV. Memberships

The Site contains both free content and paid content. One way paid content is offered is in the form of memberships (“Membership”), which requires payment of an annual, quarterly or monthly fee (“Membership Fee”). By subscribing to a Membership, you agree to the following(“Membership Rules”):

1. You will not share your username and/or password with any other party.
2. You will not reprint, republish, repost, or otherwise distribute or transmit content or images presented on this Site. If you would like to share something from the Site that does not contain a share icon, please contact support@offthecharttrading.com PRIOR to doing so.
3. You will not advertise, solicit members, trade goods or services or otherwise use or attempt to use the forum or live trading rooms for commercial purposes. Bulk-email, junk mail or spam, chain letters, private messages or repeat postings of the same message is not permitted in the forum or live trading rooms. Soliciting of members is strictly prohibited and will result in immediate termination of your Membership, without refund.
4. You will use your own name when posting to the discussion forum and trading rooms and will not impersonate or attempt to impersonate any other person(s) or entity.
5. You will treat other subscribers with courtesy and respect when posting messages to the discussion group. This includes, but is not limited to, refraining from vulgarity, obscenity, profanity, ethnic slurs, hate speech, or sexually explicit language that is targeted at harassing, abusing or threatening other subscribers in the discussion forum and trading rooms. Company has the right to remove any messages or posts it deems, in its sole discretion, to be abusive, derogatory, inappropriate or adverse to the policies defined in these Terms and Conditions.
6. By posting content on the Site or it’s affiliated websites, you permit Company to display and distribute the content and use it for advertising and promotion. You grant Company the complete, perpetual, non-exclusive right to use, modify, adapt, translate, distribute, sub-license or in any way use the content in whole or part, throughout the world, on a royalty-free basis.

Failure to abide by these Membership Rules can result in you being banned from the forum or trading rooms, your account being suspended or terminated completely, and even civil or criminal liability. Company, at its discretion, may terminate your Membership for any reason or no reason. If Company terminates your Membership, it will provide notice to you through the email address associated with your account.

Memberships may be canceled at any time by either party. If you wish to cancel, you may in one of the following ways:

1. Email support@offthecharttrading.com

Cancellation of your Membership is not official until you receive an email confirmation from Company.

V. Refund Policy

For Members who decide to cancel their Membership pursuant to the cancellation policy defined in the Membership section, the following refund policies apply:

Monthly Memberships

There are no refunds or credits of Membership Fees for partial monthly subscriptions. Rather, the current subscription will run its course to the end of the current billing cycle, at which point the Membership would then become inactive and the account cancelled.

Quarterly and Annual Memberships

Certain Memberships receive reduced Membership Fees by paying in advance for quarterly and annual Memberships (“Reduced Membership Fees”). If you decide to cancel before the end of the relevant quarterly or annual Membership purchased, you may receive a Partial Refund. A Partial Refund shall be equal to the remaining months of the Membership purchased minus the difference between the month-to-month Membership Fee and the Reduced Membership Fee for the time you were a member.

For the avoidance of doubt, you are responsible for the full month-to-month Membership Fee for the months in which you used the Membership if you choose to cancel your quarterly or annual Membership early. In some cases, you may not be entitled to a refund at all if the refund for the remaining months on the quarterly or annual Membership would equal less than the difference between the Membership Fee and the Reduced Membership Fee for the months already consumed.

If the credit card you provided for billing is cancelled without notice, the entire amount left on the contract will be sent to a 3rd party collection agency.

VI. The Site is evolving and may result in changes to the Agreement.

You understand that the Site is an evolving one. Company may require that you accept updates to the Site. Company reserves the right to change, modify, add or remove portions of this Agreement, at any time, for any reason, with or without notice to you, or to do any of the following:

1. Modify, suspend, limit or terminate operation of, or access to, any portion of any feature or function of the Site or your Membership and/or any of its applicable policies or terms, including hours of availability;
2. Change any fees or charges that may be related to your use of the Service;
3. Change the equipment, hardware or software required to access the Service;
4. Interrupt the Service, or any portion of the Service, to perform routine or non-routine maintenance, error correction or other changes.

Any changes to the Agreement will be effective immediately upon notice, which Company may provide by any means, including, without limitation, by electronic posting, which will be effective immediately. You agree to check this Agreement periodically for the new provisions that govern the Site. Your continued use of the Site following the posting of changes will mean that you accept and agree to them.

VII. Privacy

Your privacy is very important to us. We designed our Privacy Policy to make important disclosures about how we use your personal information. We encourage you to read the Privacy Policy, and to use it to help you make informed decisions.

VIII. Intellectual Property

All content offered by Company on the Site, including, but not limited to, the free materials and content, Membership materials and content, seminars, software, any resources you receive through a representative of Company, and all logos, slogans, and taglines (collectively and individually, the “Content”),are protected by trademark and copyright laws.

You may not modify, publish, transmit, transfer, sell, reproduce, upload, post, perform, display, create derivative works from, or in any way exploit such Content or distribute it in any way to any other computer, server, website or other medium for publication or distribution or for any commercial purpose, except as Company expressly permits in this Agreement. Making unauthorized copies of the Content may result in the termination of your Account, prohibition to use the Site, and further legal action.

IX. CAN-SPAM Compliant

Off The Chart Trading is CAN-SPAM compliant, which allows for you to request we stop sending you emails. Our emails contain “unsubscribe” options, which you may use to stop receiving emails from Off The Chart Trading. If you have any issues unsubscribing from our emails, please contact support@offthecharttrading.com. 

X. Indemnification

You agree to indemnify, defend and hold Company, its subsidiaries, affiliates, officers and employees harmless from any claim or demand, including reasonable attorneys’ and experts’ fees and costs, arising out of your use of this Site, including information made available to you through this Site or the violation of this Agreement, including any breach of your covenants or agreements here under. In addition, you agree to indemnify, defend and hold Company, its subsidiaries, affiliates, officers and employees harmless for any act resulting directly or indirectly from this Site, its data, content, materials, associated pages and documents.

XI. Limitation of Liability

You expressly understand and agree that, to the full extent permitted by applicable law, Company is not liable for damages, losses and expenses of whatever nature and however arising, including without limitation direct or indirect, special, incidental, consequential, exemplary or punitive damages, losses or expenses, including but not limited to, damages for loss of profits, loss of investments, goodwill, use, data or other intangible loss, arising in connection with this Site or use thereof or inability to use by any party, or in connection with any failure or performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line of system failure, even if the Company or its representatives are advised of the possibility of such damages, losses or expenses. Access hyperlinks to or from other internet resources at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements; the content, accuracy, opinions expressed and other links provided by these resources are not endorsed by Company. This limitation of liability applies whether the alleged liability is based on contract, negligence, tort, strict liability or any other basis. Your sole remedy for dissatisfaction with the Site and information on the Site is to stop using the Site.

In the event that the foregoing disclaimer of liability is held to be invalid or unenforceable, you agree that the maximum cumulative aggregate liability of the Company to you for all damages, losses, and causes of action (whether in contract, tort (including, without limitation, negligence and strict liability), or otherwise) at any time shall be the lesser of $100 or the aggregate cumulative amount paid by you to Company up to and including the time of the incurrence of such liability, if any, to access the Site. You agree that any cause of action arising out of or related to the Site must commence within one (1) year after the cause of action accrues or the cause of action is permanently barred.

XII. Termination and Survival

Any obligations which expressly or by their nature are to continue after termination, cancellation, or expiration of these Terms and Conditions, including but not limited to those addressing privacy and content ownership, shall survive and remain in effect after such event. Furthermore, the following sections of these Terms and Conditions shall survive any termination or discontinuance of the Site or your access to it: Intellectual Property, Indemnification, Limitation of Liability, Privacy(and the Privacy Policy).

If you wish to terminate your Membership, you may do so by emailing support@offthecharttrading.com. Upon our acceptance of your request, your account and any personal information will be deleted (except for that information that we are required to keep in compliance of any applicable laws).

XIII. Governing Law

Company administers and operates the Site from Austin, Texas. This Agreement is governed by and construed in accordance with the laws of the State of Texas, without reference to its choice of law principles. The venue for any dispute will be Austin, Texas. THE PARTIES EACH IRREVOCABLY WAIVE THEIR RIGHT TO TRIAL BY JURY IN ANY ACTION ARISING FROM OR RELATING TO THIS AGREEMENT.

XIV. Entire Agreement

This Agreement (including all agreements and policies referenced herein) constitutes the entire agreement between you and Company with regard to your use of the Site, and any and all other written or oral agreements or understandings previously existing between you and Company with respect to such use are hereby superseded and cancelled. Company will not accept any counter-offers to this Agreement, and all such offers are hereby categorically rejected. Your use of the Site is not intended and shall not be deemed to create any agency, joint venture or other legal relationship of any kind between you and Company other than that of independent contractors. This Agreement may not be assigned by you.

Company’s failure to insist on or enforce strict performance of this Agreement shall not be construed as a waiver by Company of any provision or any right it has to enforce this Agreement, nor shall any course of conduct between Company and you or any other party be deemed to modify any provision of this Agreement. This Agreement shall not be interpreted or construed to confer any rights or remedies on any third parties.

1. If any provision of this Agreement is found to be illegal, void or unenforceable, then:(i) such provision (or portion thereof as applicable) will be deemed to be restated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law, and (ii) the remaining terms, provisions, covenants and restrictions of this Agreement will remain in full force and effect. Not withstanding the foregoing, if any provision of this Agreement which is held null, void or otherwise ineffective or invalid by a court of competent jurisdiction cannot be restated by such court to reflect as nearly as possible the original intentions of the parties, then that provision shall be deemed severable from this Agreement.