Terms and Conditions

WARNING: THIS AGREEMENT CONTAINS IMPORTANT TERMS, CONDITIONS, AND DISCLOSURES THAT GOVERN YOUR USE OF WWW.VANTHARPINSTITUTE.COM. PLEASE READ IT CAREFULLY.

Welcome to www.VanTharpInstitute.com. Your use of this Website constitutes your agreement to be bound by and to act in accordance with these Terms and Conditions. This Website is provided for informational purposes only. Please feel free to browse the Website and its various features, but be aware that your use of the Website is subject to the following terms and conditions (“Terms and Conditions”). If you do not agree with these Terms and Conditions, please do not use this Website or our affiliated sites.

This Website belongs to Trade Mastery India, Inc. (“Trade Mastery,” “Website,” “we,” “us,” or “our”). Accordingly, we may, in our sole discretion and at any time, update, change, or discontinue this Website or any specific portion of its Website (including, as set forth below, these Terms and Conditions) without notice. Please visit this area each time you visit the Website to keep up to date with the current terms regarding your use of the Website. Your use of the Website reaffirms your continuing agreement to the then-current Terms and Conditions.

Trademarks and Copyrights

Unless otherwise noted, all materials, including images, illustrations, designs, icons, photographs, video clips, and written and other materials that are part of this Website (the “Service”), are copyrights, trademarks, trade dress, service marks, and/or other intellectual properties owned, controlled, or licensed by us. Your use of the trademarks, service marks, and trade names on this Website in any manner other than as authorized in these Terms and Conditions, or as otherwise authorized in writing by us, is strictly prohibited. Unless you have obtained our prior written permission, you and any other users and Websites may not include Trade Mastery or any Trade Mastery trademark, (including, but not limited to: VAN THARP INSTITUTE, TRADING MASTERY, POSITION SIZING, SYSTEM QUALITY NUMBER, and SQN, any Trade Mastery executive’s name, voice or likeness (including, but not limited to Van Tharp), or any variation of any of the foregoing), as a meta-tag, hidden textual element, or any other indicator that may create an impression of affiliation, sponsorship, or endorsement between any user and/or Website and us, our affiliates, or Mr. Van Tharp.

License / Use of Materials

THE CONTENT AND SERVICES MADE AVAILABLE TO YOU FROM THE WEBSITE ARE LICENSED TO YOU, NOT SOLD TO YOU. NO CONTENT FROM THIS SITE MAY BE COPIED, REPUBLISHED, UPLOADED, OR OTHERWISE DISTRIBUTED. NOTWITHSTANDING, YOU MAY VIEW THE MATERIALS ON ANY COMPUTER OR MOBILE HANDHELD DEVICE FOR YOUR PERSONAL, NON-COMMERCIAL USE, SO LONG AS ALL COPYRIGHT AND OTHER PROPRIETARY NOTICES REMAIN INTACT AND ARE PROMINENTLY DISPLAYED. ANY MODIFICATIONS OF THE CONTENT OR USE OF THE CONTENT OR MATERIALS FOR ANY OTHER PURPOSE THAN SET FORTH ABOVE IS A VIOLATION OF OUR COPYRIGHT AND OTHER PROPRIETARY RIGHTS. THE USE OF SUCH MATERIAL ON ANY OTHER WEBSITE OR COMPUTER NETWORK WITHOUT OUR WRITTEN CONSENT IS STRICTLY PROHIBITED. YOU MAY NOT SUBLICENSE, TRANSFER, OR OTHERWISE MAKE AVAILABLE ANY CONTENT TO ANY THIRD PARTY FOR COMMERCIAL PURPOSES OR FINANCIAL GAIN OR USE THE CONTENT IN ANY OTHER MEDIA OR LOCATION. WE RESERVE THE RIGHT TO INVESTIGATE SUSPECTED VIOLATIONS OF THESE TERMS AND CONDITIONS OR TERMS OF SERVICE. WE ARE ENTITLED TO MONITOR YOUR USAGE, AND, AT OUR DISCRETION, REQUIRE YOU TO CHANGE YOUR REGISTRATION CODE. IF YOU BELIEVE YOUR REGISTRATION CODE HAS BEEN USED IN CONTRAVENTION OF THESE TERMS AND CONDITIONS, WE ARE ENTITLED, AT OUR SOLE DISCRETION, TO REQUIRE YOU TO CHANGE YOUR REGISTRATION CODE AND/OR TERMINATE YOUR ACCOUNT.

Downloading, Copying, or Distribution is not permitted.

Our materials may only be used pursuant to the Van Tharp Institute student e-learning agreement to which you agreed during the shopping cart checkout process and includes:

• The purchaser of our materials assumes all responsibility for its use.
• The videos and related materials in our courses are copyright-protected. You have no rights to download, copy, reproduce, or distribute any material contained within or related to our publications in whole or in part without permission from the Van Tharp Institute.
• All intellectual property rights in the materials, anywhere in the world, belong to the VTI. You have been licensed (not sold) for a limited time, a non-exclusive, revocable right to use the materials solely for your own personal use. You agree not to copy, republish, redistribute, transmit, sell, rent, or lease any of the materials from these courses, nor develop any of the trading strategies for publication, distribution, or resale.
• Our courses are for informational purposes only. Our materials are not intended for use as a source of trading advice and should not be construed as a recommendation to buy or sell any ETF, stock, futures contract, or option. VTI is an educational publisher, not an accredited program or institution. By accessing this information, you acknowledge and agree that VTI in no way shall be considered as conforming to any educational standards or qualifications prescribed by any private or government entity.
• VTI assumes no responsibility for errors or omissions or any losses resulting from the use of the information contained in our materials. The information offered is gathered from sources believed to be reliable. Reasonable attempts have been made to verify this information, and VTI provided it in good faith, though does not guarantee it.
• Historical, hypothetical, and simulated trading performance results have certain inherent limitations. No representation is being made that any account will or is likely to achieve profits or losses similar to those shown.
• Trading always carries the risk of losses, and traders can lose more than their initial investment. Please consult an investment professional to explain all risks to you before making any decisions relating to the purchase or sale of any security.
• Adherence to applicable laws, regulations, and jurisdictions is the sole responsibility of the purchaser of this material.

Registration and Account Creation

As part of the registration and account creation process necessary to obtain access to certain portions of the Website or our Service, including those portions that require a fee or payment for access, you will provide us, or our affiliates, with certain registration information, all of which must be accurate, truthful, and updated. You shall not: (i) provide an email address already used by another person; (ii) use an email address in which another person has rights without such person’s authorization; or (iii) use an email address that we, or our affiliates, in their sole discretion, deem offensive or inappropriate. We reserve the right to deny the creation of your account based on our inability to verify the authenticity of your registration information. You shall be solely responsible for maintaining the confidentiality of your registration code. You shall immediately notify us by email, with a hard copy sent by US Mail, of any known or suspected unauthorized use(s) of your account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your registration code or credit card information. You are fully responsible for all usage and activity on your account, including, but not limited to, the use of the account by any third party authorized by you to use your registration code. The use of your account by any individual under the age of eighteen (18) is strictly prohibited. If the computer system on which you accessed the Service is sold or transferred to another party, you warrant and represent that you will delete all cookies and software files obtained by or through the use of the Service. Trade Mastery India reserves the right to terminate your account, in its sole discretion, at any time without notice. You are responsible for all charges incurred up to the time the account is terminated. Notwithstanding anything else herein, Trade Mastery India reserves the right to pursue any and all claims against any user of your account.

ANY PASSWORD OR REGISTRATION CODE YOU RECEIVE FROM US IS FOR YOUR OWN, SINGLE-PERSON, NONCOMMERCIAL USE IN ACCORDANCE WITH THE TERMS AND CONDITIONS, AND IS NOT TRANSFERABLE.

Billings & Subscriptions

We may change the fees and charges in effect, or add new fees and charges from time to time, but we will give you advance notice of these changes by email. Certain Trade Mastery India products or services may allow you to purchase content on a subscription basis (“Paid Subscriptions”). Paid Subscriptions are non-refundable. If you decide to purchase a Paid Subscription prior to the end of any free trial period, your Paid Subscription will start immediately. Also, see additional information about the Paid Subscription offer at the point of sale.

All fees and charges are fully earned upon payment. Payments are nonrefundable and THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODS. At any time, and for any reason, we may provide a refund, discount, replacement disc, or other consideration to some or all of our site visitors, email subscribers, or customers (“credits”). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance.

Other Restrictions / Cancellations

You will not access data not intended to be accessed by Users of the site or attempt to probe, scan, or test the vulnerability of our site or attempt to interfere with any service available on this Website, change postings of others on this Website, take other actions which impose an unreasonable or disproportionate load on this Website, send unsolicited email, including promotions and/or advertising of products or services, to addresses obtained from this Website, forge any email address, newsgroup, name, or account credentials in connection with this Website, and/or use a password, name, or identification which is not your own in accessing this Website.

You will not attempt to decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way used on this Website. We reserve the right to cancel your right and/or ability to access this Website or any portions of this Website at any time without notice or cause unless otherwise expressly indicated in writing by us. If you become aware that any person is violating any of the terms and conditions of this Website, please notify us immediately.

Disclaimer

WE ARE NOT AN INVESTMENT ADVISORY SERVICE, NOR A REGISTERED INVESTMENT ADVISOR OR BROKER-DEALER, AND DO NOT PURPORT TO TELL OR SUGGEST WHICH SECURITIES OR CURRENCIES CUSTOMERS SHOULD BUY OR SELL FOR THEMSELVES. TRADE MASTERY INDIA, THE AUTHORS, AND OUR AFFILIATES ASSUME NO RESPONSIBILITY OR LIABILITY FOR YOUR TRADING AND INVESTMENT RESULTS. FACTUAL STATEMENTS ON THIS WEBSITE, OR IN ITS PUBLICATIONS, ARE MADE AS OF THE DATE STATED AND ARE SUBJECT TO CHANGE WITHOUT NOTICE. IT SHOULD NOT BE ASSUMED THAT THE METHODS, TECHNIQUES, OR INDICATORS PRESENTED HERE, AND IN OUR PRODUCTS AND PUBLICATIONS WILL BE PROFITABLE, OR THAT THEY WILL NOT RESULT IN LOSSES. PAST RESULTS OF ANY INDIVIDUAL TRADER OR TRADING SYSTEM OR POSITION SIZING STRATEGY PUBLISHED BY US ARE NOT INDICATIVE OF FUTURE RETURNS BY THAT TRADER OR SYSTEM AND ARE NOT INDICATIVE OF FUTURE RETURNS THAT MAY BE REALIZED BY YOU. IN ADDITION, THE SYSTEMS, STRATEGIES, COLUMNS, ARTICLES, NEWSLETTERS, AND ALL OTHER FEATURES OF OUR CONTENT ARE PROVIDED FOR INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY AND SHOULD NOT BE CONSTRUED AS INVESTMENT ADVICE. ACCORDINGLY, ANYTHING TO THE CONTRARY HEREIN SET FORTH NOTWITHSTANDING, WE, OUR SUPPLIERS, AGENTS, DIRECT

ORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, SUCCESSORS, ASSIGNS, AND AFFILIATES, AND VAN THARP AND VAN THARP ASSOCIATES, INC., MAKE NO REPRESENTATIONS OR WARRANTIES THAT THE SYSTEMS OR SERVICES WILL MEET YOUR REQUIREMENTS OR THAT THEY ARE SUITABLE FOR YOUR NEEDS. WE MAKE NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE, AND ALL SUCH WARRANTIES ARE EXPRESSLY DISCLAIMED AND EXCLUDED. WE DISCLAIM ANY AND ALL LIABILITY IN THE EVENT ANY INFORMATION, COMMENTARY, ANALYSIS, OPINIONS, ADVICE, AND/OR RECOMMENDATIONS PROVE TO BE INACCURATE, INCOMPLETE, OR UNRELIABLE, OR RESULT IN ANY INVESTMENT OR OTHER LOSSES.

Limitation of Liability

TRADE MASTERY INDIA, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, AND AFFILIATES, INCLUDING VAN THARP, AND VAN THARP ASSOCIATES, INC., SHALL NOT BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO, OR USE OF, THIS WEBSITE OR THE OPERATION OF THE WEBSITE OR FAILURE OF THIS WEBSITE TO OPERATE OR SUPPLY ANY INFORMATION, PRODUCTS, OR SERVICES WHICH YOU ORDER FROM IT, OR ANY DAMAGES RESULTING FROM THE USE OF THE INFORMATION, PRODUCTS, OR SERVICES SUPPLIED TO YOU, INCLUDING, WITHOUT LIMITATION, DAMAGES ARISING FROM MISTAKES, OMISSIONS, VIRUSES, ERRORS, DEFECTS, AND/OR DELAYS IN OPERATION OR TRANSMISSION. YOU AGREE THAT YOUR SOLE REMEDY FOR DISSATISFACTION WITH THIS WEBSITE, SITE-RELATED SERVICES, OR HYPERLINKED WEBSITES IS TO STOP USING THE WEBSITE AND/OR THOSE SERVICES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU.

Choice of Law

This Website is operated by Trade Mastery from its offices in India. We make no representations that the information and materials on this Website are appropriate or available for use in other locations. Those who choose to access this Website from other locations do so on their own initiative and are responsible for compliance with applicable local laws.

These Terms and Conditions are governed by and construed in accordance with the laws of India. You agree to submit to the exclusive jurisdiction of the courts in Telangana, India and any legal action related to these Terms and Conditions shall be brought in these courts.

Miscellaneous

If any provision of these Terms and Conditions is found to be invalid, illegal, or unenforceable, the remaining provisions will continue in full force and effect. Our failure to enforce any right or provision of these Terms and Conditions will not be considered a waiver of those rights. These Terms and Conditions constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements we might have had between us regarding the Service.

By using this Website, you signify your acceptance of these Terms and Conditions and agree to be bound by them. If you do not agree with these Terms and Conditions, you should not use the Website.